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CHANEY v. BROWN

No. 83-1862.

712 F.2d 441 (1983)

Larry Leon CHANEY, Petitioner-Appellant, v. John H. BROWN, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 1983.

Attorney(s) appearing for the Case

Allen M. Smallwood, Tulsa, Okl., for petitioner-appellant.

Michael C. Turpen, Atty. Gen. of Okl., David W. Lee, Asst. Atty. Gen., Chief, Federal Div., Robert A. Nance, Asst. Atty. Gen., Deputy Chief, Federal Div., Patricia M. Gerrity, Asst. Atty. Gen., Oklahoma City, Okl., for respondent-appellee.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

ORDER GRANTING STAY OF EXECUTION OF DEATH WARRANT

PER CURIAM.

The court has for consideration the appellant Larry Leon Chaney's application for a stay of execution of appellant's death warrant, the memorandum of law in support of the application for stay of appellant's death warrant, and the response of the respondent Warden thereto. In the response, the State concedes that it is futile to resist entry of a stay while the merits of this federal habeas appeal...

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