JOHN W. PECK, Senior Circuit Judge.
Pursuant to the United States Supreme Court's order of April 20, 1981, ___ U.S. ___, 101 S.Ct. 1967, 68 L.Ed.2d 290, we now further consider this case in light of Sumner v. Mata, 449 U.S. 764, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981), a decision rendered after our opinion herein of December 1, 1980,
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