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BUTLER v. ROSE

No. 80-1412.

686 F.2d 1163 (1982)

Robert C. BUTLER, Petitioner-Appellee, v. Jim ROSE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 13, 1982.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tenn., Robert L. Jolley, Jr., Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant.

Larry D. Woods, Nashville, Tenn. (Court-appointed), for petitioner-appellee.

Before EDWARDS, Chief Judge, and LIVELY, ENGEL, KEITH, MERRITT, BROWN, KENNEDY, MARTIN, JONES, CONTIE and KRUPANSKY, Circuit Judges.

LIVELY, Circuit Judge.

The district court granted relief to the petitioner in this habeas corpus case and this court reversed on appeal. Butler v. Thompson, (6th Cir. 1982).1 The judges of this court then voted in favor of rehearing en banc. Rule 14, Rules of the Sixth Circuit provides: "The effect of the granting of a hearing en banc shall be to vacate the previous opinion...

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