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18 UNNAMED JOHN SMITH PRISONERS v. MEESE

Nos. 87-2490, 87-2491.

871 F.2d 881 (1989)

18 UNNAMED "JOHN SMITH" PRISONERS, Plaintiffs-Appellants, v. Edwin MEESE; Gerald Shur; Norman Carlson; Peter Carlson; Frank Sizer; U.S. Attorney for the District of Arizona, Defendants-Appellees. 36 UNNAMED "JOHN SMITH" PRISONERS; 5 Unnamed "John & Jan Smith" Prisoners' Relatives; 1 Unnamed "John Smith" Prisoner; 1 Unnamed "John Smith" Prisoner Family, Plaintiffs-Appellants, v. Edwin MEESE, United States Attorney General; Gerald Shur, Associate Director, Office of Enforcement Operations, Washington, D.C.; Norman Carlson, Director, Federal Bureau of Prisons; Peter Carlson, Warden, Federal Correctional Institution, Phoenix, AZ; Frank Sizer, Unit Manager, Mesa Unit, Federal Correctional Institution, Phoenix, AZ, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1989.

Attorney(s) appearing for the Case

Gary L. Birnbaum & Michael S. Rubin, Mariscal, Weeks, McIntyre & Friedlander, Larry L. Smith, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears; Jeffrey A. Murphy, Morris, Walker & Mecham, Phoenix, Ariz., for plaintiffs-appellants.

Michael A. Johns and Linda A. Akers, Asst. U.S. Attys., Phoenix, Ariz., for defendants-appellees.

Before ALDISERT, BEEZER and O'SCANNLAIN, Circuit Judges.

ORDER

The appellants' petition for rehearing is granted. Upon reconsideration, our opinion filed July 19, 1988 and published at 851 F.2d 1236 is withdrawn and the attached opinion is substituted.

The full court has been advised of the suggestion for rehearing en banc and no judge in active service has requested a vote to rehear the matter en banc.

Pursuant to Rule 35(b) of the Federal Rules of Appellate Procedure...

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