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HOLT v. CASPARI

No. 90-1358.

923 F.2d 103 (1991)

Dale HOLT, Appellant, v. Paul CASPARI; Major J.P. Smith, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1991.

Rehearing Granted, Opinion Vacated March 11, 1991.

Attorney(s) appearing for the Case

Dale Holt, pro se.

Sara L. Trower and Bruce Farmer, Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON, Circuit Judge; HEANEY, Senior Circuit Judge; and FAGG, Circuit Judge.

HEANEY, Senior Circuit Judge.

Dale Holt, a Missouri inmate, appeals from the district court's dismissal, prior to service of process, of his 42 U.S.C. § 1983 action alleging prison officials violated his due process rights in disciplinary proceedings. We reverse because we believe that Holt's complaint stated a claim sufficient to require an answer from the defendants.

I. BACKGROUND

The Conduct Violation Report, attached to Holt's complaint...

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