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BATTLE v. ANDERSON

Nos. 82-1065, 82-1379, 82-1762, 82-1884, 82-2264, 82-2325 and 82-2492.

708 F.2d 1523 (1983)

Bobby BATTLE, et al., a class action, Plaintiffs-Appellees, Cross-Appellants, United States of America, Plaintiff-Intervenor, v. Park ANDERSON, his successor, Richard Crisp, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma, and his successor; J.M. Sunderland, Warden, Oklahoma State Reformatory, Granite, Oklahoma, and his successor; Department of Corrections, F. Warren Benton, Director, his successor; and the current State Board of Corrections, Frank E. Carey, Jr., President; Leroy W. Kirk, Patricia Montgomery, Gary M. Cook, Chester T. Curtin, Seth Millington, William Thompson, as members and their successors, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 6, 1983.

Attorney(s) appearing for the Case

Louis W. Bullock, Tulsa, Okl., for Bobby Battle, et al.

Louise A. Lerner, Atty., Dept. of Justice, Washington, D.C. (Wm. Bradford Reynolds, Asst. Atty. Gen., Walter W. Barnett, Atty., Dept. of Justice, Washington, D.C., and Gary L. Richardson, U.S. Atty., Oklahoma City, Okl., with her on the brief), for United States of America.

Robert A. Nance, Asst. Atty. Gen. of Oklahoma, Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen., and Gloyd L. McCoy, John E. Douglas, Scott J. Silverman, and Elizabeth J. Bradford, Asst. Attys. Gen., Oklahoma City, Okl., with him on the briefs), for State of Oklahoma.

Michael Avant-Pybas, Chief Atty., Oklahoma Dept. of Corrections, Oklahoma City, Okl., for Oklahoma Dept. of Corrections.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

ORDER

PER CURIAM.

The decision of the district court is affirmed. The opinion of this court consists of Parts I and II of Judge Barrett's opinion, in which Judge Doyle and Judge McKay join, and the opinion of Judge McKay, in which Judge Doyle joins.

BARRETT, Circuit Judge.

These consolidated cases come to us on appeal as part of a 42 U.S.C.A. § 1983 action initially filed by Bobby Battle (Battle), appearing pro se, in 1972. Before Battle...

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