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McGEE v. ESTELLE

No. 81-1498.

732 F.2d 447 (1984)

Prado McGEE, Jr., Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 1984.

Attorney(s) appearing for the Case

Prado McGee, Jr., pro se and James W. Rice, Houston, Tex. (Court-appointed), for petitioner-appellant.

Mark White, Atty. Gen., Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN and JOLLY, Circuit Judges, and MAHON, District Judge.

PER CURIAM:

This case comes before our panel on remand from the en banc court. McGee v. Estelle, 722 F.2d 1206 (5th Cir.1984) (en banc). In our prior opinion, McGee v. Estelle, 704 F.2d 764 (5th Cir.1983), a majority of the panel voted to vacate the judgment of the district court and to remand this case with instructions that Prado McGee's section 2254 habeas corpus petition be dismissed...

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