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COLE v. FLICK

No. 84-5407.

758 F.2d 124 (1985)

Eugene COLE, Appellee, v. R. FLICK, Correction Officer, Charles Zimmerman, Supt., Thomas A. Fulcomer, Anthony Zumpetta, Deputy Superintendent, C.R. Myers, Captain of Guard, K.R. Hileman, Correction Officer S.L. Grove, Correction Officer, Thomas A. Fulcomer, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 29, 1985.

Rehearing and Rehearing Denied May 1, 1985.

Attorney(s) appearing for the Case

Allen C. Welch (Argued), Clearfield, Pa., for appellee.

Jerome T. Foerster (Argued), Deputy Atty. Gen., Harrisburg, Pa., for appellant.

Before GARTH, BECKER and ROSENN, Circuit Judges.

Rehearing and Rehearing In banc Denied May 1, 1985.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by Thomas A. Fulcomer, Warden of the State Correctional Institution at Huntingdon, Pennsylvania, from a judgment of the district court awarding declaratory and injunctive relief to Eugene Cole, a half-blooded Cherokee Indian currently incarcerated at Huntingdon, on the grounds that a prison regulation that requires Cole to maintain his...

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