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LONEY v. SCURR

Civ. No. 72-177-2.

474 F.Supp. 1186 (1979)

Robert LONEY, Plaintiff, v. David SCURR, Warden of the Iowa State Penitentiary, Rev. Sherbourne Ray, Protestant Chaplain, Iowa State Penitentiary, and Father Gerald Hoenig, Catholic Chaplain, Iowa State Penitentiary, Defendants.

United States District Court, S. D. Iowa, C. D.

July 18, 1979.

Attorney(s) appearing for the Case

Barbara A. Schwartz, counsel and Student Legal Interns Selwyn Dallyn, Cindy Lavorato, Jan Whitacre, Gary Van Cleve, Prisoners Assistance Clinic, Iowa City, Iowa, for plaintiff.

Stephen C. Robinson, Spec. Asst. Atty. Gen., Des Moines, Iowa, for defendants.

MEMORANDUM AND ORDER

HANSON, Senior District Judge.

This matter is before the Court pursuant to the remand of the United States Court of Appeals for the Eighth Circuit. A review of the lengthy substantive and procedural history of this case is in order.

On April 16, 1975 defendant prison officials filed a "Motion to Reopen and Vacate the Judgment and Dismiss Plaintiffs' Complaint." The motion was brought pursuant to Rule 60(b), F.R.Civ.P. and was...

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