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HAWKMAN v. PARRATT

No. 81-1233.

661 F.2d 1161 (1981)

Kenneth HAWKMAN, Appellee, v. Robert PARRATT, Warden, Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1981.

Rehearing Denied November 12, 1981.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Marilyn B. Hutchinson, Asst. Atty. Gen. (argued), Lincoln, Neb., for appellant.

David J. Clegg, Western Nebraska Legal Services, Scottsbluff, Neb., for appellee.

Before LAY, Chief Judge, and STEPHENSON and McMILLIAN, Circuit Judges.

STEPHENSON, Circuit Judge.

The state of Nebraska appeals from the district court's1 January 20, 1981, decision which granted appellee Kenneth Hawkman's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.2 We affirm the district court's decision, but find it necessary to explicate portions of the district court's legal analysis.

I. BACKGROUND

The district court, after...

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