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FRANK v. BLACKBURN

No. 78-3452.

646 F.2d 902 (1981)

Jimmy FRANK, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing January 26, 1981.

Attorney(s) appearing for the Case

J. Donice Alverson, New Orleans, La. (Court-appointed), for petitioner-appellant.

Robert Brinkman, Asst. Dist. Atty., Opelousas, La., for respondent-appellee.

Before COLEMAN, Chief Judge, and BROWN, AINSWORTH, GODGOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.

Further Observations in Dissent Following Order on Rehearing January 26, 1981.

ON PETITION FOR REHEARING

(Opinion November 17, 1980, 5 Cir., 646 F.2d 873)

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby granted in part. We delete the sentence that appears on page 1323 of the slip opinion and reads as follows:

"Even...

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