John Wesley Clutchette v. Jerry J. Enomoto 1
John Wesley CLUTCHETTE Et Al., Appellees, v. Jerry J. ENOMOTO Et Al., Appellants
Opinion
ORDER Before TUTTLE, * HUFSTEDLER and KILKENNY, Circuit Judges.
Insofar as our opinions in Clutchette v. Procunier (9th Cir. 1974) 497 F.2d 809 , and Clutchette v. Procunier (9th Cir. 1975) 510 F.2d 613 , are inconsistent with Enomoto v. Clutchette, sub nom. Baxter v. Palmigiano (1976) - U.S. -, 96 S.Ct. 1551 , 47 L.Ed.2d 810 , we vacate our prior opinions.
The cause is remanded to the district court for further proceedings consistent with Baxter v. Palmigiano, supra.
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