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BURGER v. ZANT

No. 81-7419.

718 F.2d 979 (1983)

Christopher A. BURGER, Plaintiff-Appellee, Cross-Appellant, v. Walter A. ZANT, Warden, Georgia Diagnostic and Classification Center, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 13, 1984.

Attorney(s) appearing for the Case

William B. Hill, Jr., Asst. Atty. Gen., Atlanta, Ga., for defendant-appellant, cross-appellee.

Millard Farmer, Joe Nursey, Andrea I. Young, Pamela L.J. Arangno, Atlanta, Ga., for plaintiff-appellee, cross-appellant.

Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied February 13, 1984.

VANCE, Circuit Judge:

The state of Georgia appeals the district court's grant of a petition for a writ of habeas corpus setting aside the death sentence of Christopher Burger.

The facts in this case are set out in the district court's opinion. Burger v. Zant, 513 F.Supp. 772, 788-89 (S.D.Ga.1981). Briefly, Christopher Burger and Thomas Stevens, both...

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