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STEPHENS v. ZANT

No. 79-2407.

648 F.2d 446 (1981)

Alpha Otis O'Daniel STEPHENS, Petitioner-Appellant, v. Walter ZANT, Superintendent, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1981.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Athens, Ga., Richard Erwin Shapiro, New Orleans, La. for petitioner-appellant.

John C. Boger, Joel Berger, Jack Greenberg, James M. Nabrit, III, Deborah Fins, New York City, Anthony G. Amsterdam, Stanford, Cal., amicus curiae, for NAACP Legal Defense and Educational Fund, Inc.

Harrison Kohler, Atlanta, Ga., for respondent-appellee.

Before INGRAHAM, RONEY and THOMAS A. CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion November 26, 1980, 5 Cir., 1980, 631 F.2d 397).

PER CURIAM:

Upon consideration of the petition for rehearing filed by the appellee, we delete the following sentence that appears in 631 F.2d 397 on page 406, column 2, line 10:

The presence of the unconstitutionally vague circumstance also made it possible...

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