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SHIMABUKU v. BRITTON

Nos. 73-1323, 73-1396 and 73-1420.

503 F.2d 38 (1974)

George SHIMABUKU et al., Plaintiffs-Appellants, v. Samuel J. BRITTON, Warden, United States Penitentiary, et al., Defendants-Appellees. Ernest NORMAN et al., Plaintiffs-Appellants, v. Samuel J. BRITTON, Warden, United States Penitentiary, et al., Defendants-Appellees. Christopher T. GLUMB, Plaintiff-Appellant, v. Samuel J. BRITTON, Warden, United States Penitentiary, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 4, 1974.

Attorney(s) appearing for the Case

Ronald L. Roseman, Kansas City, Mo. (Stanley A. Bass, New York City, Robert Claus, Kansas City, Kan., Allen M. Ressler, Shelton, Wash., with him on the brief), for appellants.

Robert J. Roth, U. S. Atty., Topeka, Kan. (Monti L. Belot, and Bruce E. Miller, Asst. U. S. Attys., Topeka, Kan., with him on the briefs), for appellees.

Before LEWIS, Chief Judge, DURFEE, Judge, Court of Claims, and BARRETT, Circuit Judge.

LEWIS, Chief Judge.

These cases originated in three separate actions, each brought by a prisoner at the United States Penitentiary at Leavenworth, Kansas.1 Generally, the appellants challenge the constitutionality of prison regulations and procedures pursuant to which they were investigated for, and confined in segregation for, infractions of prison disciplinary rules. Significantly, in each case the facts underlying the particular disciplinary...

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