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CHACKO ET AL. v. MARKS ET AL.

No. 194 C.D. 1981.

61 Pa.Commw. 421 (1981)

Inmates of B-Block and Individually, David Chacko et al., Petitioners v. Ronald Marks, Commissioner, Pennsylvania Department of Correction et al., Respondents.

Commonwealth Court of Pennsylvania.

August 26, 1981.

Attorney(s) appearing for the Case

Ellen K. Barry, for petitioners.

Gregory R. Neuhauser, Deputy Attorney General, with him Francis R. Filipi, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Submitted on briefs, May 11, 1981, to President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and PALLADINO.

PER CURIAM OPINION, August 26, 1981:

Before us is the preliminary objection of the respondents, the public officials charged with operating the State Correctional Institute at Huntingdon (SCIH), to an action in mandamus filed by a number of inmates of SCIH (petitioners) to compel the respondents to provide the petitioners with at least two hours of daily exercise.

The petitioners aver that they receive only 10 minutes of exercise, three or four days a week...

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