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PRISON LEGAL NEWS v. COOK

No. 99-36084

238 F.3d 1145 (2001)

Prison Legal News; Mark Wilson; Michael Tucker; Hung Le, Plaintiffs-Appellants, v. David S. Cook, Director of Oregon Department of Corrections; David Schumacher, Rules/Compliance Manager of Oregon Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2001

Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, Salem, Oregon, for the defendants-appellees.

Samuel J. Stiltner, Seattle, Washington, for the plaintiffs-appellants.

Before: Robert R. Beezer, Pamela Ann Rymer and Susan P. Graber, Circuit Judges.

BEEZER, Circuit Judge:

Prison Legal News ("Publisher"), publisher of a non-profit newsletter, and prisoners Michael Tucker, Mark Wilson and Hung Le ("Prisoners") appeal the district court's grant of summary judgment on their 42 U.S.C. § 1983 claims in favor of defendant officials ("Officials") of the Oregon Department of Corrections ("the Department"). We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand.

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