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ST. JOHN v. ESTELLE

No. 76-1178.

563 F.2d 168 (1977)

Jerry ST. JOHN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 1977.

Attorney(s) appearing for the Case

Marianne Wesson Cantrick, Asst. Atty. Gen., John L. Hill, Atty. Gen., Richel Rivers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Ray J. McQuary, Staff Counsel for Inmates, Darrington Unit, Rosharon, Tex., Ken Anderson, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellee.

Before BROWN, Chief Judge, INGRAHAM, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.

BY THE COURT:

The per curiam opinion and decision of the panel of this court, dated January 3, 1977, 5 Cir., 544 F.2d 894, is adopted herewith as the opinion and decision of the en banc court.

See also Wainwright v. Sykes, ___ U.S. ___, 97 S.Ct. 2497, 53 L.Ed.2d 594 (decided June 23, 1977).

Accordingly, the judgment of the district court in this matter is

REVERSED.

THORNBERRY, Circuit Judge,...

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