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O'BRYAN v. McKASKLE

Nos. 84-2182, 84-2183.

729 F.2d 991 (1984)

Ronald Clark O'BRYAN, Plaintiff-Appellant, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Individually and in his official capacity; Robert D. Gunn; Joe V. LaMantia, Jr., Harry M. Whittington, Pete Cortez, Deralyn R. Davis, Thomas R. McDade, Clifford F. Smith, Lindsley Waters, and H. Bartel Zachery, Jr., individually and as members of the Texas Board of Corrections, Defendants-Appellees. Ronald Clark O'BRYAN, Petitioner-Appellant, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1984.

Attorney(s) appearing for the Case

Stefan Presser, Atty., American Civil Liberties Union, Houston, Tex., for plaintiff-appellant in No. 84-2182.

Leslie Benitez, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Will Gray, Carolyn Garcia, Houston, Tex., for petitioner-appellant in No. 81-2183.

Before POLITZ, RANDALL and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Ronald Clark O'Bryan is scheduled to be executed before sunrise on March 31, 1984. He was convicted in a Texas state court in 1975 of murdering his own child in order to collect the proceeds from life insurance policies on his child's life. His conviction and sentence were affirmed by the Texas Court of Criminal Appeals in 1979. O'Bryan v. State, 591 S.W.2d 464 (Tex.Cr.App.1979) (en banc), cert. denied,

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