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BLAKE v. KEMP

No. 81-7417.

758 F.2d 523 (1985)

Joseph James BLAKE, Petitioner-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic Center, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 13, 1985.

Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Joe Nursey, Andrea Young, Millard C. Farmer, Pamela L.J. Arangno, Atlanta, Ga., for petitioner-appellee.

Before TJOFLAT and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 13, 1985.

On Sua Sponte Reconsideration

TUTTLE, Senior Circuit Judge:

I. APPEALABILITY OF DISTRICT COURT'S ORDER

Following the publication of our opinion in this case at 737 F.2d 925 (11th Cir.1984), the Court withheld the mandate sua sponte to give further consideration to the appealability of the district court's grant of the writ of habeas corpus...

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