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POTTS v. ZANT

Nos. 80-7476, 80-7477, 80-7664 and 80-7665.

638 F.2d 727 (1981)

Jack Howard POTTS, Petitioner-Appellant, v. Walter ZANT, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellee. Jack Howard POTTS, Petitioner-Appellant, v. Sam AUSTIN, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing and Rehearing Denied March 23, 1981.

Attorney(s) appearing for the Case

Susan V. Boleyn, Robert S. Stubbs, II, Don A. Langham, John C. Walden, John W. Dunsmore, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee in No. 80-7476.

Millard C. Farmer, Joseph M. Nursey, Andrea I. Young, Frank Derrickson, Ralph Goldberg, Thomas McKee West, Atlanta, Ga., for petitioner-appellant in all cases.

Arthur K. Bolton, Atty. Gen., Harrison Kohler, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee in all cases.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 23, 1981.

R. LANIER ANDERSON, Circuit Judge:

Appellant Jack Howard Potts was sentenced to be executed pursuant to two convictions: one for kidnapping with bodily injury and the other for first degree murder. He brings this appeal of four consolidated petitions for habeas corpus, claiming he has been improperly denied federal review on the merits of his claims. The unusual factual circumstances surrounding Potts...

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