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ASHELMAN v. WAWRZASZEK

Nos. 95-15071, 95-15168.

111 F.3d 674 (1997)

Kenneth O. ASHELMAN, Plaintiff-Appellant, v. Donald B. WAWRZASZEK, Ellis C. MacDougall, A. Guajalva, and Robert Goldsmith, Defendants-Appellees. Kenneth O. ASHELMAN, Plaintiff-Appellee, v. Donald B. WAWRZASZEK, Ellis C. MacDougall, A. Guajalva, and Robert Goldsmith, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1997.

As Amended April 25, 1997.

Attorney(s) appearing for the Case

Bruce E. Samuels, Lewis and Roca, Phoenix, AZ, for plaintiff-appellant-cross-appellee.

Bert E. Moll, Deputy Attorney General, Phoenix, AZ, for defendants-appellees-cross-appellants.

Before: CANBY and RYMER, Circuit Judges; EZRA, District Judge.

RYMER, Circuit Judge:

Kenneth O. Ashelman, an Orthodox Jew and an inmate at the Arizona State Prison Complex, appeals the district court's judgment following a bench trial on his claim under 42 U.S.C. § 1983 that his right to the free exercise of religion was violated by the prison's failure to provide a kosher diet.1 The warden cross-appeals the district court's finding that prison officials prevented Ashelman from resting and fasting...

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