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SCHNEIDER v. CALIFORNIA DEPT. OF CORRECTIONS

No. 00-15795.

345 F.3d 716 (2003)

Paul J. SCHNEIDER; Todd L. Ashker; Brian D. Healy; Steve Olivares; Dwayne McElwee; Earl B. Wilson; Ricardo Leyva; Anthony L. Likai; Daniel Demarco; Thomas C. Kleve; Michael R. Hanline; Katherine Cladwell; Theresa Fredericks; Rick Terflinger; David Shore, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; G.B. Garibay; William Duncan; James Gomez, Dir Dept of Corr; C.A. Terhune, Director of the DOC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 29, 2001.

Resubmitted September 29, 2003.

Filed September 29, 2003.

Attorney(s) appearing for the Case

Allen R. Crown, Acting Senior Assistant Attorney General, San Francisco, California, argued the cause for the appellees; Bill Lockyer, David P. Druliner, Robert R. Anderson, Paul D. Gifford, Rochelle C. Holzmann, and James M. Humes, San Francisco, California, were on the briefs.

Herman Franck, San Francisco, California, argued the cause for the appellants; Stephen T. Gargaro was on the briefs.

Before JOSEPH T. SNEED, HARLINGTON WOOD, JR., and DIARMUID F. O'SCANNLAIN, Circuit Judges.

Argued and Submitted March 20, 2001 — San Francisco, California.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether a State committed an unconstitutional taking by failing to pay interest on funds deposited in prison inmate trust accounts.

I

Paul J. Schneider and the other Plaintiffs-Appellants are current and former state inmates of the California penitentiary system. For security reasons, inmates are not permitted...

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