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McINTYRE v. BAYER

No. 01-55169.

339 F.3d 1097 (2003)

Jerry Dempsey McINTYRE, Plaintiff-Appellant, v. Robert BAYER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 14, 2002.

Resubmitted August 7, 2003.

Filed August 13, 2003.

Attorney(s) appearing for the Case

Jerry Dempsey McIntyre, Carson City, Nevada, filed briefs pro se.

Frankie Sue Del Papa, Attorney General of the State of Nevada, Carson City, Nevada, and Gabriel D. Lither, Deputy Attorney General, filed a brief for the defendant-appellee.

Before: WALTER K. STAPLETON, DIARMUID F. O'SCANNLAIN, and FERDINAND F. FERNANDEZ, Circuit Judges.

Submitted November 7, 2002.* — San Francisco, California.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a state statute, requiring interest generated by inmate trust accounts to be retained by prison authorities and expended for the benefit of the prison population as a whole, effects an unconstitutional taking.1

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