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HIGGINS v. BURROUGHS

No. 86-1162.

816 F.2d 119 (1987)

William F. HIGGINS, Appellant, v. J. BURROUGHS; Lieutenant Dietrich; Pasquale Baron; and Charles H. Zimmerman.

United States Court of Appeals, Third Circuit.

As Amended May 11, 1987.

Attorney(s) appearing for the Case

Shanin Specter (argued), Beasley, Hewson, Casey, Colleran, Erbstein & Thistle, Philadelphia, Pa., for appellant.

LeRoy S. Zimmerman, Atty. Gen., Laura Fredericks (argued), Deputy Atty. Gen., Gregory R. Neuhauser, Sr. Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Atty. Gen., Philadelphia, Pa., for appellees.

Before ADAMS, HIGGINBOTHAM, and GARTH, Circuit Judges.

Argued Oct. 27, 1986

Before GIBBONS, Chief Judge, and HIGGINBOTHAM and GARTH, Circuit Judges.

Reargued March 3, 1987

Before ADAMS, HIGGINBOTHAM, and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal presents the question as to whether under the standard announced in Shabazz v. O'Lone,1 a state prison's regulations which prohibit a prisoner from carrying his...

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