Opinion

652 F.2d 823

Tom CAPPS, et al., Plaintiffs-Respondents,

v.

Victor ATIYEH, Governor of the State of Oregon; Robert J.

Watson, Administrator of the Corrections Division of the

State of Oregon; Hoyt C. Cupp, Superintendent of the Oregon

State Penitentiary; J. C. Keeney, Assistant Superintendent

of the Oregon State Penitentiary; George E. Sullivan,

Superintendent of the Oregon State Correctional Institution;

Bill G. Cogswell, Ira Blalock, Elizabeth Brown, Chalmers L.

Jones, and Hazel Hayes, Members of the Oregon Board of

Parole, Defendants-Appellants.

Joe WEST, et al., Plaintiffs-Respondents,

v.

Victor ATIYEH, Governor of the State of Oregon; Robert J.

Watson, Administrator of the Corrections Division of Oregon;

Hoyt C. Cupp, Superintendent, Oregon State Penitentiary;

George E. Sullivan, Superintendent, Oregon State

Correctional Institution; Bill G. Cogswell, Ira Blalock,

Elizabeth Browne, Chalmers L. Jones, and Hazel Hayes,

Members of the Oregon Board of Parole, Defendants- Appellants.

No. 80-3404.

United States Court of Appeals,

Ninth Circuit.

Argued May 7, 1981.

Submitted and Decided Aug. 3, 1981.

Appeal from the United States District Court for the District of Oregon; James M. Burns, Chief Judge.

Dave Fromnmayer, Atty. Gen., Salem, Or., for defendants-appellants.

Roy Haber, Eugene, Or., Robert A. Stalker, Jr., Salem, Or. (argued), for plaintiffs-respondents.

Before KENNEDY and ALARCON, Circuit Judges, and COPPLE, * District Judge.

PER CURIAM:

1

The case is ordered submitted. The district court's judgment is vacated. See Capps v. Atiyeh, 495 F.Supp. 802 (D.Ore.1980), stayed, Atiyeh v. Capps, 449 U.S. 1312 , 101 S.Ct. 829 , 66 L.Ed.2d 785 (Rehnquist, Circuit Justice, 1981). The case is remanded for further consideration and specific findings in light of Rhodes v. Chapman, --- U.S. ----, 101 S.Ct. 2392 , 69 L.Ed.2d 59 (1981) and Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

2

Appellants' motion to submit supplemental briefs is denied.

3

JUDGMENT VACATED and CASE REMANDED.

*

Honorable William P. Copple, United States District Judge for the District of Arizona, sitting by designation