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McDONALD v. ARMONTROUT

No. 89-2152.

908 F.2d 388 (1990)

Samuel L. McDONALD; Gerald M. Smith; Rayfield Newlon; Thomas Henry Battle; Alan J. Bannister, Class certified 1/15/86 to consist of all persons presently confined under sentence of death in the Potosi Correctional Center and all persons who in the future will be confined under sentence of death by the Mo. Dept. of Correction, Appellants, v. Bill ARMONTROUT; Lee Roy Black; Donald Wyrick; John Ashcroft, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1990.

Attorney(s) appearing for the Case

Richard H. Sindel, Clayton, Mo., for appellants.

Deborah Neff, Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

BOWMAN, Circuit Judge.

This case concerns the constitutionality of certain modifications ordered by the District Court1 in a consent agreement between appellees Bill Armontrout, warden of the Missouri penitentiary, Lee Roy Black, Director of the Department of Corrections of the state of Missouri, Donald Wyrick, Director of the Division of Adult Institutions of the Missouri Department of Corrections, and John Ashcroft, Governor of the State...

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