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SMALL v. HUNT

No. 95-6635.

98 F.3d 789 (1996)

James Lenard SMALL; Stan Hoffman; Steve Hurley, on behalf of themselves and on behalf of the plaintiff class, Plaintiffs-Appellants, v. James B. HUNT, Jr., Governor; Franklin Freeman, Secretary, Department of Correction; Lynn C. Phillips, Director of Prisons, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Louis L. Lesesne, Jr., Lesesne & Connette, Charlotte, NC, for Appellants. Tiare Bowe Smiley, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellees. ON BRIEF: Melinda Lawrence, Patterson, Harkavy & Lawrence, Raleigh, NC; Marvin Sparrow, Daniele Gerard, Susan H. Pollitt, North Carolina Prisoner Legal Services, Inc., Raleigh, NC, for Appellants. Michael F. Easley, Attorney General of North Carolina, James Peeler Smith, Special Deputy Attorney General, W. Dale Talbert, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellees.

Before WILKINSON, Chief Judge, and WILLIAMS and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINSON and Judge WILLIAMS joined.

OPINION

MICHAEL, Circuit Judge:

Plaintiffs/appellants ("appellants") are a class of prisoners incarcerated at 49 medium and minimum security prisons in North Carolina. Defendants/appellees (collectively, the "state") are the Governor of North Carolina, the Secretary of the Department of Correction, and the Director of the Division...

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