SONGER v. WAINWRIGHT

No. 83-3500.

755 F.2d 1395 (1985)

Carl Ray SONGER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., and Richard L. Dugger, etc., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 1, 1985.


Attorney(s) appearing for the Case

Joseph Jordan, West Palm Beach, Fla., Deval L. Patrick, NAACP Legal Defense Fund, New York City, for petitioner-appellant.

Frank Lester Adams, III, Peggy A. Ouince, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before RONEY and VANCE, Circuit Judges, and SIMPSON, Senior Circuit Judge.


BY THE COURT:

On January 29, 1985 this Court denied a motion to recall the mandate pending en banc consideration of Hitchcock v. Wainwright, No. 83-3578.

A petition for rehearing has been filed.

Since further proceedings are pending before other courts, on the basis of a record which is not before this panel, the order denying recall of the mandate is amended by deleting therefrom the following sentence:

All of Songer's claims have been...

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