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OLIVER v. WAINWRIGHT

Nos. 84-5821, 84-5911.

805 F.2d 371 (1986)

Edgar E. OLIVER, Petitioner-Appellant, v. Louie L. WAINWRIGHT and Jim Smith, Respondents-Appellees. Edgar E. OLIVER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 3, 1986.

Attorney(s) appearing for the Case

Margaret S. Brodsky, Miami, Fla., for petitioner-appellant.

Jim Smith, Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., Davis G. Anderson, Asst. Atty. Gen., Tampa, Fla., Calvin L. Fox, Asst. Atty. Gen., Miami, Fla., for respondents-appellees.

Before FAY, CLARK and NIES, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion August 11, 1986, 11 Cir., 1986, 795 F.2d 1524)

PER CURIAM:

Subsequent to our opinion of August 11, 1986, and in its Petition for Rehearing, the state concedes that there was no appealable state court order on Oliver's application for relief under Fla.R.Crim.P. 3.850, State Petition for Rehearing at 9.

The state urges that we hold our opinion in abeyance pending Oliver...

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