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INMATES OF ALLEGHENY COUNTY JAIL v. WECHT

Nos. 88-3820, 88-3871.

893 F.2d 33 (1990)

INMATES OF the ALLEGHENY COUNTY JAIL, Thomas Price Bey, Arthur Goslee, Robert Maloney, and Calvin Milligan, on their own behalf and on behalf of all others similarly situated, Appellees, v. Cyril H. WECHT, President of the Allegheny County Board of Prison Inspectors, and other members of the Board; Thomas Foerster and William H. Hunt, Commissioners for Allegheny County; William H.J. Lucchino, Controller for Allegheny County; The Honorable Patrick R. Tamilia, Michael J. O'Malley, and Marion K. Finkelhor, Judges, Court of Common Pleas of Allegheny County; Richard S. Caliguiri, Mayor of the City of Pittsburgh; Harriet McCray; Msgr. Charles Owen Rice, and Charles Kozakiewicz, Warden of the Allegheny County Jail; William B. Robinson, Executive Director of Prison Inspectors; and Cyril Wecht, Thomas Foerster and William H. Hunt, as Commissioners of Allegheny County, Appellants, v. The COMMONWEALTH OF PENNSYLVANIA; The Commonwealth of Pennsylvania, Department of Corrections; David S. Owens, Jr., Commissioner, Department of Corrections, and Erskind Deramus, Deputy Commissioner, Department of Corrections, Appellees.

United States Court of Appeals, Third Circuit.

Submitted On Remand December 15, 1989.

Decided January 8, 1990.

Attorney(s) appearing for the Case

James J. Dodaro, County Sol., George C. Diamantopulos, Asst. County Sol., Allegheny County Law Dept., Pittsburgh, Pa., for Cyril H. Wecht, et al.

Donald Driscoll, Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for Inmates of Allegheny County, et al.

Ernest D. Preate, Jr., Atty. Gen., Thomas F. Halloran, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Calvin R. Koons, Deputy Atty. Gen., Office of Attorney General, Pittsburgh, Pa., for Com. of Pa., et al.

Before GIBBONS, Chief Judge, and BECKER and NYGAARD, Circuit Judges.

Submitted On Remand From The Supreme Court December 15, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

This case is before us on remand from the United States Supreme Court, ___ U.S. ___, 110 S.Ct. 355, 107 L.Ed.2d 343. When it was previously here we affirmed the district court order directing the defendants to close the Allegheny County Jail, but dismissed as interlocutory the appeal from a provision in...

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