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THADDEUS-X v. BLATTER

No. 95-1837.

175 F.3d 378 (1999)

THADDEUS-X and Earnest Bell, Jr., Plaintiffs-Appellants, v. BLATTER, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1999.

Attorney(s) appearing for the Case

Paul D. Reingold (argued and briefed), Ann Arbor, MI, for Plaintiff-Appellant Thaddeus-X.

Thaddeus-X, Baraga, MI, pro se.

Earnest Bell, Jr., Jackson, MI, pro se.

Susan Przekop Shaw, Linda M. Olivieri (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Fnu Karazim, Graham, Bildner and Sparks.

Susan Przekop Shaw, Lansing, MI, for Sixto Orozco.

Todd R. Marti (briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Amicus Curiae.

Before: MARTIN, Chief Judge; ENGEL, MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SURHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

PER CURIAM.

The en banc court is divided in this case, but not equally. Eight members of the court favor a decision to affirm in part, vacate in part, and remand in accordance with the opinion written by Judge Moore. There are three separate opinions concurring in part and dissenting in part from Judge Moore's opinion, which the eight other members of the court join in varying combinations.1

Judge Kennedy (joined by Judges Boggs...

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