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O'DELL v. NETHERLAND

No. 96-7564.

112 F.3d 773 (1997)

Joseph R. O'DELL, III, Plaintiff-Appellee, v. J.D. NETHERLAND, Sued in his official capacity as Warden at Mecklenburg Correctional Center, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1997.

Attorney(s) appearing for the Case

ARGUED: Mark Ralph Davis, Senior Assistant Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, VA, for Defendant-Appellant. Steven David Rosenfield, Charlottesville, VA, for Plaintiff-Appellee. ON BRIEF: James S. Gilmore, III, Attorney General, Pamela A. Sargent, Assistant Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, VA, for Defendant-Appellant. Mary C. Bauer, ACLU of Virginia Foundation, Richmond, VA, for Plaintiff-Appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

OPINION

PER CURIAM:

On October 11, 1996, the federal district court for the Eastern District of Virginia (Spencer, J.), enjoined the Commonwealth of Virginia to allow death row inmate Joseph Roger O'Dell to have contact visits with Lori Urs, a paralegal at a law firm representing O'Dell and O'Dell's wife, in her capacity as a paralegal. The district court's injunction was thereafter stayed pending the present appeal, in which O'Dell argues that the Commonwealth...

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