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WOLFEL v. BATES

Nos. 82-3059, 82-3060.

707 F.2d 932 (1983)

Dennis M. WOLFEL, Plaintiff-Appellee, Cross-Appellant, v. Herbert BATES, Gary Brown, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 3, 1983.

Attorney(s) appearing for the Case

Sam L. Raptis, Raymond Studer (argued), Asst. Attys. Gen., Columbus, Ohio, for defendants-appellants, cross-appellees.

Michael E. Geltner (argued), Geltner & Ritchie, Washington, D.C., for plaintiff-appellee, cross-appellant.

Before LIVELY and MARTIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

This case requires us to review a district court order awarding the plaintiff, prison inmate Dennis Wolfel, nominal damages of one dollar to recompense the violation of his first amendment rights by Ohio state prison officials. The defendants, correctional officers Herbert Bates and Gary Brown, appeal the adverse judgment and contend that their application of prison rule 26, Class II, to Wolfel's conduct was a valid exercise of disciplinary authority....

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