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DEE v. CUPP

No. 139014; CA A28961.

680 P.2d 725 (1984)

68 Or.App. 385

Michael DEE, James Oliver Feemster, Gerald J. Gibson, Danny Earl Harris, Johnny Ray Hill, Kenneth M. Houghton, Danny R. Jones, Clarence King, William E. Maclure, Daniel J. McSorley, Douglas James Nearing, Douglas James Revilla, Frederick Clay Scott, Joe Thomas, Charles W. Strong, Tyrone Walton, and Lamont Sonny Johnson, Appellants, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied June 8, 1984.

Review Denied August 8, 1984.

Attorney(s) appearing for the Case

Michael Curtis, Salem, argued the cause and filed the brief for appellants.

Gary D. Babcock, Public Defender, Salem, filed the brief for appellant Lamont Sonny Johnson.

Martha L. Rice, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Affirmed. See Atkeson v. Cupp, 68 Or.App. 196, 680 P.2d 722 (decided...

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