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IVORY v. WAINWRIGHT

No. 75-2115.

530 F.2d 1272 (1976)

Eddie Samuel IVORY, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 26, 1976.

Attorney(s) appearing for the Case

Gerry B. Rose, Asst. Atty. Gen., Robert L. Shevin, Atty. Gen., Gerald L. Knight, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellant.

Eddie S. Ivory, pro se.

Before TUTTLE, GODBOLD and GEE, Circuit Judges.

ON PETITION FOR REHEARING

GODBOLD, Circuit Judge:

The District Court granted Ivory's petition for habeas relief and directed appellant Wainwright to produce Ivory within 60 days in Florida state court so that he could be advised of his right to take an out-of-time appeal from his state court conviction, and if found indigent, to obtain appointed counsel. Wainwright appealed. Pending appeal he filed with this court a suggestion of mootness, stating that the...

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