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GILL v. ESTELLE

No. 75-1416.

544 F.2d 1336 (1977)

Richard Donald GILL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1977.

Attorney(s) appearing for the Case

Donald A. Smyth, Staff Counsel for Inmates, Texas Dept. of Corr., Brazoria, Tex., for petitioner-appellant.

Jack B. Boone, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion April 28, 1976, 5 Cir. 1976, 530 F.2d 1152)

RONEY, Circuit Judge:

This is a petition for rehearing and rehearing en banc filed by the State of Texas. As one ground for its petition, the State contends that the panel erred in relying on Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967), for...

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