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MURPHY v. MISSOURI DEP'T OF CORRECTIONS

No. 86-1155.

814 F.2d 1252 (1987)

Michael MURPHY, Ron Seiter, Sammy Barnard, Gary Niswonger, similarly situated Plaintiffs, Appellants, v. MISSOURI DEP'T OF CORRECTIONS, et al.; Terry Morris — Superintendent; Jimmy Jones — Asst. Superintendent; K. Wilkerson; Sally Walls, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1987.

Rehearing and Rehearing Denied May 8, 1987.

Attorney(s) appearing for the Case

Eric M. Schmitz, St. Louis, Mo., for appellants.

Kelly Mescher, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Before McMILLIAN and ARNOLD, Circuit Judges, and ARNOLD, District Judge.

Rehearing and Rehearing En Banc Denied May 8, 1987.

McMILLIAN, Circuit Judge.

Appellants are inmates or former inmates at the Missouri Training Center for Men (MTCM or the prison) who are members of the Aryan Nations, Church of Jesus Christ Christian (Aryan Nations). Appellants brought this action under 42 U.S.C. § 1983 in two counts. Both counts were essentially the same and asked for similar relief. For this reason both counts were considered as one...

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