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SHABAZZ v. O'LONE

No. 84-5772.

782 F.2d 416 (1986)

Ahmad Uthman SHABAZZ and Sadr-Ud-Din Mateen v. Edward O'LONE, Individually and in his official capacity as Administrator of Leesburg Prison Complex and James A. Ucci, Individually and in his official capacity as Chief Deputy Keeper of Leesburg Prison Complex and William Fauver, Individually and in his official capacity as Commissioner of the New Jersey Department of Corrections. Appeal of Ahmad Uthman SHABAZZ and Sadr-Ud-Din Mateen.

United States Court of Appeals, Third Circuit.

Argued November 12, 1985.

Decided January 27, 1986.

Attorney(s) appearing for the Case

James Katz (argued), Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen. of New Jersey, James J. Ciancia, Asst. Atty. Gen. (Laurie M. Hodian (argued) Deputy Atty. Gen., of counsel), for appellees.

Before ADAMS, Acting Chief Judge, SEITZ, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON and MANSMANN, Circuit Judges.

Argued in Banc November 12, 1985.

OPINION OF THE COURT

ADAMS, Acting Chief Judge.

Appellants, two state prison inmates, brought this suit under the federal civil rights act challenging certain prison regulations as violative of their first amendment rights. Specifically, they allege that the regulations, which prevent them from attending weekly religious services, infringe their right freely to exercise their chosen faith. The district court,

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