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FERRELL v. ESTELLE

No. 77-1224.

573 F.2d 867 (1978)

Joseph FERRELL, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 9, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Austin, Tex., Alvin K. James, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Douglas M. Becker, Asst. Attys. Gen., Houston, Tex., for respondent-appellant.

John Ackerman, N.C.C. D. L. P.D., Houston, Tex. (Court-appointed), for petitioner-appellee.

Before GOLDBERG, CLARK, and INGRAHAM, Circuit Judges.

BY THE COURT:

No petition for rehearing or motion for stay of mandate having been filed within the prescribed 21-day period, a certified copy of this court's opinion dated March 2, 1978, was issued as and for the mandate in this cause on March 24, 1978. Ferrell v. Estelle, 568 F.2d 1128 (5th Cir. 1978). On April 12, 1978, the respondent moved this court to recall the mandate and to withdraw the opinion on the basis that he...

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