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COTTLE v. WAINWRIGHT

No. 72-1673.

489 F.2d 1274 (1974)

Ernest Jackson COTTLE, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 22, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Moe B. Safer, Jacksonville, Fla. (Court-appointed), for petitioner-appellee.

Before BROWN, Chief Judge, TUTTLE, Senior Circuit Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

By the Court:

The Court on its own motion having taken the case for rehearing en banc, the en banc Court is dissolved and the cause remanded to the panel for disposition. [For panel disposition see ___ F. 2d ___] See Gagnon v. Scarpelli, 1973, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656; Wainwright v. Cottle, 1973, 414 U.S. 895, 94 S.Ct. 221, 38...

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