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McCABE v. ARAVE

No. 86-3640.

827 F.2d 634 (1987)

Melvin A. McCABE and Mark H. Madsen, Plaintiffs-Appellants, v. Arvon J. ARAVE, Warden, Idaho State Penitentiary; Al Murphy, Director, Idaho State Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1987.

Attorney(s) appearing for the Case

Melvin A. McCabe, pro se.

Mark H. Madsen, pro se.

Anthony G. Cootz, Lay Representative, Idaho State Corr. Inst., Boise, Idaho, for plaintiffs-appellants.

James T. Jones, D. Marc Haws, and Robert R. Gates, Boise, Idaho, for defendants-appellees.

Before BROWNING, WRIGHT, and BOOCHEVER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This case requires us to determine the constitutionality of regulations governing prisoners at the Idaho State Correctional Institution in Boise. We affirm the district court's judgment in favor of the state on the issues of group worship and group study by Church Jesus Christ Christian (CJCC) close-custody inmates, but reverse it as to the ban on storage of CJCC literature in the chapel library. We also vacate the portion of the judgment...

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