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HISER v. FRANKLIN

No. 94-35749.

94 F.3d 1287 (1996)

Timothy William HISER, Plaintiff-Appellant, v. Richard H. FRANKLIN; Frank Sauser; Al Terrault, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 1996.

Withdrawn September 3, 1996.

Decided September 3, 1996.

Attorney(s) appearing for the Case

Steven L. Pevar, American Civil Liberties Union, Denver, Colorado, for plaintiff-appellant.

John K. Bodick, Assistant Attorney General, Juneau, Alaska, for defendants-appellees.

Before FLETCHER, JOHN T. NOONAN, Jr. and RYMER, Circuit Judges.

ORDER

The majority opinion and concurring and dissenting opinion filed May 2, 1996 are withdrawn, and the enclosed opinions are substituted in their place. As the appellee's petition for rehearing previously has been denied and the suggestion for rehearing en banc rejected as well, no further petitions for rehearing or rehearing en banc will be entertained. The mandate shall issue forthwith.

OPINION

FLETCHER...

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