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NELSON v. COLLINS

Nos. 81-6347, 81-6368.

659 F.2d 420 (1981)

Warren C. NELSON, et al., Appellees, v. George COLLINS, et al., Appellants. John H. X. WASHINGTON, et al., Appellees, v. Gerald A. KELLER, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1981.

Rehearing Denied October 20, 1981.

Attorney(s) appearing for the Case

Stephen B. Caplis, Asst. Atty. Gen., Chief Correctional Litigation, Stephen H. Sachs, Atty. Gen. of Maryland, Baltimore, Md. (David H. Feldman, Asst. Atty. Gen., Baltimore, Md., on brief), for appellants.

Nevett Steele, Jr., Baltimore, Md. (Whiteford, Taylor, Preston, Trimble & Johnson, Baltimore, Md., on brief), Paul D. Bekman, Baltimore, Md. (Kaplan, Heyman, Greenberg, Engelman & Belgrad, P.A., Baltimore, Md., W. Michel Pierson, Pierson & Pierson, Baltimore, Md., on brief), Lawrence B. Coshnear, Baltimore, Md. (Warren A. Brown, Richard A. Seligman, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellees.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE and ERVIN, Circuit Judges, sitting en banc.

Heard En Banc June 1, 1981.

DONALD RUSSELL, Circuit Judge:

This is a consolidated appeal involving three actions charging unconstitutional overcrowding in three separate units of the Maryland State Prison System. These actions have been engaging the attention of the Maryland District Court for a number of years. One relates to conditions at the Maryland House of Correction ("MHC") and resulted in a decree reported under the title Johnson v. Levine,...

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