Nos. 91-35249, 91-35557.

12 F.3d 1444 (1993)

Samuel LeMAIRE, Petitioner-Appellee, v. Manfred MAASS, Superintendent, Respondent-Appellant. Samuel LeMAIRE, Plaintiff-Appellee, v. Manfred MAASS, Superintendent, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 28, 1992.

Resubmitted June 18, 1993.

Opinion July 21, 1993.

Amended August 13, 1993.

As Amended on Denial of Rehearing and Suggestion for Rehearing December 23, 1993.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, OR, for the respondent-defendant-appellant.

Spencer M. Neal, Ginsburg, Gomez & Neal, Portland, OR, for petitioner-plaintiff-appellee.

Before BEEZER, NOONAN, and TROTT, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc December 23, 1993.


Judge Trott's majority opinion filed on July 21, 1993, and refiled on August 13, 1993 with Judge Noonan's amended dissent, is, with Judge Beezer's concurrence, ordered amended as reflected in the attached Amended Opinion. Judge Noonan's amended dissent filed August 13, 1993 continues to apply to Judge Trott's Amended...


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