WHITE v. NAPOLEON

No. 89-5523.

897 F.2d 103 (1990)

Norwood L. WHITE, Individually and on Behalf of Others Similarly Situated, v. John J. NAPOLEON. Appeal of Norwood L. WHITE, Daniel Sabb, Emilio Baez Nazario and Calvin Merle Rogers.

United States Court of Appeals, Third Circuit.

Decided February 23, 1990.


Attorney(s) appearing for the Case

Fredric J. Gross (argued), Mount Ephraim, N.J., for appellants.

Ronald L. Bollheimer (argued), Deputy Atty. Gen., Peter N. Perretti, Jr., Atty. Gen. of New Jersey, Trenton, N.J., for appellee.

Before BECKER, COWEN and SEITZ, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

Norwood L. White, Emilio Baez Nazario, Calvin Merle Rogers and Daniel Sabb appeal from an order of the district court dismissing their complaint pursuant to Fed. R.Civ.P. 12(b)(6). We will reverse in part and affirm in part.

I.

White, Nazario, Rogers and Sabb are prisoners within the New Jersey prison system. On October 18, 1988, White filed a complaint against John J. Napoleon, a prison physician...

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