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LYONS v. McCOTTER

No. 84-1992.

770 F.2d 529 (1985)

Emmit Charles LYONS, Petitioner-Appellee, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Jon R. "Randy" Farrar, Craig S. Lundquist, Sharon Kutzschbach, Staff Counsel For Inmates, Huntsville, Tex., for petitioner-appellee.

Before RANDALL, DAVIS, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

The director of the Texas Department of Corrections (the director) appeals from the judgment of the district court which adopted the magistrate's findings, conclusions, and recommendation that the application for writ of habeas corpus of Emmit Charles Lyons, a state prisoner, should be granted and which directed the state of Texas to retry or release Lyons within 120 days of entry of the judgment. The district court reasoned that...

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