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WALTERS v. MAASS

No. 92-35226.

45 F.3d 1355 (1995)

Roger Matthew WALTERS, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 1993.

Rehearing Granted and Opinion Withdrawn January 24, 1995.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Charles Fadeley, Eugene, OR, for petitioner-appellant.

Brenda J. Peterson, Asst. Atty. Gen., Salem, OR, for respondent-appellee.

Before: TANG, POOLE, and CANBY, Circuit Judges.

Opinion by Judge POOLE; Dissent by Judge TANG.

ORDER

Judge Kilkenny is unable to participate further in this appeal and Judge Canby has been drawn to replace him.

Walters' petition for rehearing is granted. The majority, concurring and dissenting opinion filed December 8, 1993 are withdrawn, and the attached majority opinion and Judge Tang's dissenting opinion are filed in their place.

OPINION

POOLE, Circuit Judge:

Roger...

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