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GAINES v. LANE

Nos. 85-1449, 85-1745.

790 F.2d 1299 (1986)

Dickey GAINES, Plaintiff-Appellant, v. Michael P. LANE and James Thieret, Defendants-Appellees. Joe WOODS, et al., Plaintiffs-Appellants, v. Michael P. LANE, Individually, and as Director, Illinois Department of Corrections, Michael O'Leary, Individually, and as Chief Administrative Officer, Stateville Correctional Center, and Willa Jean Aldworth, Individually, and as Mail Room Supervisor, Stateville Correctional Center, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Elaine G. Fishman, Isham, Lincoln & Beale, Chicago, Ill., for plaintiff-appellant.

Michael J. Hogan, Office of Ill. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before COFFEY, FLAUM and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

This consolidated appeal presents two similar constitutional challenges to the new Illinois Department of Corrections' regulations governing the treatment of prisoner mail. In both instances, the district courts dismissed the complaints pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim on which relief could be granted.1 The appellants contend that dismissal at this stage of the litigation was error....

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