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FRIEDMAN v. SOUTH

No. 95-36126.

92 F.3d 989 (1996)

Kenneth Andrew FRIEDMAN, Plaintiff-Appellant, v. Carroll SOUTH; Henry Risley, Warden; Lee Baker; Bob Williams, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Kenneth Andrew Friedman, Federal Correctional Institution Phoenix, Phoenix, Arizona, for plaintiff-appellant.

David L. Ohler, Lois H. Adams, Department of Corrections & Human Services, Helena, Montana, for defendants-appellees.

Before: CANBY, JOHN T. NOONAN, Jr. and LEAVY, Circuit Judges.

Kenneth Friedman appeals the district court's dismissal of his action under 42 U.S.C. § 1983 alleging that Montana prison officials denied him kosher food in 1984 and 1985 in violation of his right to practice his religion. We affirm the district court because the principal ground for his appeal is that the magistrate judge had failed to apply the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. This act became effective November 16, 1993, but specified...

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