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STEWART v. PARRATT

No. 82-1095.

682 F.2d 757 (1982)

Rodney L. STEWART, Appellant, v. Robert F. PARRATT, Warden, Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1982.

Attorney(s) appearing for the Case

Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, Neb., for appellant.

Paul L. Douglas, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for the State of Neb., its agencies and its officers.

Before ROSS, Circuit Judge, and STEPHENSON and HENLEY, Senior Circuit Judges.

ORDER

Due to the presence of exhausted and unexhausted claims in the original petition for a writ of habeas corpus, we have asked the parties to address the applicability to this case of Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Both parties have indicated to this court that a remand is necessary for the purpose of allowing the district court to consider this case in light of Rose v. Lundy....

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