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DURAN v. CARRUTHERS

Civ. No. 77-0721-JB.

678 F.Supp. 839 (1988)

Dwight DURAN, # 26571, Lonnie Duran, # 26293, Sharon Towers, and all others similarly situated; James C. Gibson, Plaintiffs, v. Garrey CARRUTHERS, Governor; Hal Stratton, Attorney General; O. Lane McCotter, Secretary of Corrections; Robert Tansey, Warden, PNM; Defendants.

United States District Court, D. New Mexico.

February 11, 1988.

Attorney(s) appearing for the Case

National Prison Project of the ACLU Foundation, Inc. (Elizabeth Alexander, Mark J. Lopez, Alvin J. Bronstein, on the brief), R. Raymond Twohig, Jr., Albuquerque, N.M., Mark H. Donatelli, Rothstein Law Firm, Santa Fe, N.M., for plaintiffs.

Norman S. Thayer, Sutin, Thayer & Browne, Albuquerque, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

The defendants in the above-captioned civil action have filed a motion seeking to vacate portions of the consent decree approved and entered by this Court in 1980.1 As stated in their brief in support of the motion to vacate, "[d]efendants' fundamental contention is that portions of the 1980 decree create rights that are not grounded in federal law and thus cannot be enforced...

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