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SMITH v. BOUNDS

No. 86-7579.

813 F.2d 1299 (1987)

Robert (Bobby) SMITH; Ronald D. Carnes; Bradford Mizell Lilley; Donald W. Morgan; Franklin D. Strader; John H. Russell; John Harrington; Alonzo Watts; Clifton Speight; William Ryder; Ronney McBride; Ray Forbes, Plaintiffs-Appellees, v. Vernon Lee BOUNDS, Commissioner, State Department of Corrections; Stanley Blackledge, Warden, Central State Prison; R.L. Turner, Superintendent of Odom Correctional Institution of the North Carolina Department of Corrections; James Holshouser, Governor, State of North Carolina; F.R. Moore, Sergeant, Central Prison; Franklin Mahan, Regional Superintendent; M.S. Lee, Captain, Washington County Unit 3560, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 18, 1987.

Attorney(s) appearing for the Case

Andrew Albert Vanore, Jr., Chief Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Sylvia Thibaut, Asst. Atty. Gen. on brief), for appellants.

Barry Nakell, School of Law, University of North Carolina, Chapel Hill, N.C., on brief for appellees.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

At the time of argument, this litigation had been in progress for over 13 years. We have had three previous appeals1, and the underlying principles which govern the litigation have been decided by the Supreme Court. Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). It was held that the fundamental constitutional right of access to the courts possessed...

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