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CARPER v. DeLAND

Nos. 94-4144, 94-4153.

54 F.3d 613 (1995)

Wayne P. CARPER, Robert Henry Werner, Harvey Wayne Dorton, Andrew J. Conti, Jr., Donald R. Allen, William Babbel, Julio Gary Valdez, personally and on behalf of a class of similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. Gary W. DeLAND, Director, Utah State Department of Corrections; Tamara M. Holden, Warden, Southpoint Facility, Utah State Prison, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1995.

Attorney(s) appearing for the Case

Brain M. Barnard (John Pace, Joro Walker with him on the brief), Utah Legal Clinic, Salt Lake City, UT, for plaintiffs-appelless/cross-appellants.

Brent A. Burnett, Asst. Atty. Gen. (Frank D. Mylar, Asst. Atty. Gen., Jan Graham, Atty. Gen., with him on the brief), State of Utah, Salt Lake City, UT, for defendants-appellants/cross-appellees.

Before MOORE, BRIGHT, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants Gary W. DeLand, Executive Director of the Utah Department of Corrections ("UDC"), and Tamara Holden, Warden at Utah State Prison ("USP"), appeal and Plaintiffs cross-appeal the magistrate judge's1 entry of summary judgment in Plaintiffs' 42 U.S.C. § 1983 class action challenging the constitutionality of the USP plan for providing inmate access to the courts. We exercise jurisdiction under 28 U.S...

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