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TAYLOR v. FREEMAN

No. 94-6359.

34 F.3d 266 (1994)

Isreal TAYLOR; Dannon Mourfield; Donald Guy; Wayne Moore; and Jimmy Jordan, Plaintiffs Appellees, v. Franklin FREEMAN, Secretary of the Department of Correction; Lynn C. Phillips, Director of the Division of Prisons; Michael Bumgarner, Youth Services Command Manager; and Carol C. Stamey, Superintendent of Morrison Youth Institution, Defendants Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 9, 1994.

Attorney(s) appearing for the Case

ARGUED: Jane Ray Garvey, Office of the Atty. Gen. of North Carolina, Raleigh, NC, for appellants. Marvin Ray Sparrow, North Carolina Prisoner Legal Services, Raleigh, NC, for appellees. ON BRIEF: William McBlief, Office of the Atty. Gen. of North Carolina, Raleigh, NC, for appellants. Kathryn L. VandenBerg, North Carolina Prisoner Legal Services, Raleigh, NC, for appellees.

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Vacated by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON and Judge WILLIAMS joined.

LUTTIG, Circuit Judge:

On motion by appellees Isreal Taylor and other inmates incarcerated at North Carolina's Morrison Youth Institution, the federal district court in the Eastern District of North Carolina issued a mandatory preliminary injunction on March 23 ordering prison officials at Morrison "to take the following actions by May 30, 1994...

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