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MATA v. SUMNER

No. 78-2636.

721 F.2d 1251 (1983)

Robert MATA, Petitioner-Appellant, v. George W. SUMNER, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 14, 1983.

Attorney(s) appearing for the Case

Leonard D. Stein, Redwood City, Cal., argued for petitioner-appellant; Dennis P. Riordan, San Francisco, Cal., on brief.

Jamie Jacobs-May, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before ELY and SNEED, Circuit Judges, and TAKASUGI, District Judge.

On January 20, 1983, our Court issued its latest OPINION in the subject case, 696 F.2d 1244. A petition for certiorari to the Supreme Court was granted, ___ U.S. ___, 104 S.Ct. 386, 78 L.Ed.2d 332, with Justice Stevens dissenting. We have now received the Supreme Court's mandate, and under that mandate, our Court's judgment is vacated, and the cause is remanded to our Court "with directions to dismiss the appeal as moot."

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