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WHITE v. ESTELLE

No. 81-1528 Summary Calendar.

685 F.2d 927 (1982)

Richard P. WHITE, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 1982.

Attorney(s) appearing for the Case

Keith W. Burris, Asst. Dist. Atty., Civil Sect., San Antonio, Tex., for respondent-appellant.

Mark A. Schwartzman (court-appointed), San Antonio, Tex., for petitioner-appellee.

Before CLARK, Chief Judge, REAVLEY and RANDALL, Circuit Judges.

PER CURIAM:

This petition for a writ of habeas corpus, see 28 U.S.C. § 2254, returns to this court following an earlier remand ordering the district court to reconsider its judgment in light of Sumner v. Mata, 449 U.S. 539, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981). On remand, the district court reinstated its original judgment granting habeas relief. The state appeals. We affirm.

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