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COUNTRY v. PARRATT

Nos. 81-1764, 81-1808.

684 F.2d 588 (1982)

Reginald COUNTRY, Appellant, v. Robert PARRATT, Warden, Appellee. Willie FRANKLIN, Appellant, v. STATE OF NEBRASKA, Robert F. Parratt, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1982.

Certiorari Denied November 29, 1982.

Attorney(s) appearing for the Case

Stephen L. Ahl, of Barlow, Johnson, DeMars, & Flodman, Lincoln, Neb., for appellant Reginald Country.

Paul L. Douglas, Atty. Gen., Terry R. Schaaf, Asst. Atty. Gen., Lincoln, Neb., for the State of Neb. its Agencies, and its Officers.

James E. McCabe, of Viren, Epstein, Leahy & Coren, Omaha, Neb., for appellant Willie Franklin.

Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.

Certiorari Denied November 29, 1982. See 103 S.Ct. 461.

LAY, Chief Judge.

Reginald Country and Willie Franklin bring these appeals from the denial of consolidated petitions for a writ of habeas corpus. Judge Robert V. Denney denied Franklin's petition, but, in order to give the parties an opportunity to present evidence, preserved his challenge to the constitutionality of the Nebraska forcible rape statute. The case...

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