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PLYLER v. EVATT

No. 23928.

438 S.E.2d 244 (1993)

Harry PLYLER, for and on behalf of the Plaintiff Class in Plyler, et al. v. Evatt, et al., United States District Court Number C/A 82-876-2, as their representative, Respondent, v. Parker EVATT, Commissioner, South Carolina Department of Corrections, and Michael Cavanaugh, Commissioner, South Carolina Department of Probation, Parole and Pardon Services, Appellants.

Supreme Court of South Carolina.

Refiled November 8, 1993.

Attorney(s) appearing for the Case

Atty. Gen. T. Travis Medlock, Sr. Asst. Atty. Gen. Kenneth P. Woodington, Legal Advisor Larry C. Batson, of S.C. Dept. of Corrections, Chief Legal Counsel Carl N. Lundberg, of S.C. Dept. of Probation, Parole and Pardon Services, Columbia, for appellants.

W. Gaston Fairey, Columbia, for respondent.

ORDER

We grant appellants' petition for rehearing. The original opinion is withdrawn and the following substituted therefor.

FINNEY, Justice:

This is a declaratory judgment action construing S.C.Code Ann. § 24-13-720 (1989) prior to its 1993 amendment. The circuit court held the statute entitled all prisoners within six months expiration of their sentence, except those serving a life sentence or with recent disciplinary infractions, to participate...

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