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SWEETON v. BROWN

Nos. 92-1441, 92-1581.

27 F.3d 1162 (1994)

James Anthony SWEETON, et al., Plaintiffs-Appellees, v. Robert BROWN, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Paul D. Reingold, Nicholas J. Rine, Mark D. Mitshkun, Michigan Clinical Law Program, Ann Arbor, MI, Martin A. Geer (argued and briefed), Law Offices of Martin A. Geer, Detroit, MI, for plaintiffs-appellees.

David G. Edick, Asst. Atty. Gen. (argued and briefed), Thomas A. Kulick, Asst. Atty. Gen., Corrections Div., Lansing, MI, for defendants-appellants.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges; and CONTIE, Senior Circuit Judge.

MERRITT, Chief Judge, announced the judgment of the Court remanding the case to be dismissed, a judgment in which fourteen of the sixteen members of the en banc Court concur (Judges MERRITT, KENNEDY, MARTIN, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY and CONTIE). Chief Judge MERRITT delivered an opinion joined by ten members of the Court (Judges KENNEDY, MARTIN, MILBURN, GUY, NELSON, BOGGS, NORRIS, SUHRHEINRICH, SILER and...

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