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CALLAHAN v. RENDLEN

No. 86-1775.

806 F.2d 795 (1986)

Larry G. CALLAHAN, Appellee, v. Hon. Albert L. RENDLEN. Hon. Lawrence O. Davis, Appellant. Hon. Randolph E. Puchta, Hon. James F. McHenry, Linda L. Roark and Donald K. Althauser.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1986.

Attorney(s) appearing for the Case

Kevin Behrndt, Asst. Atty. Gen., Jefferson City, Mo., for appellant.

Jeffrey S. Harrold, St. Charles, Mo., for appellee.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

FAGG, Circuit Judge.

The Honorable Lawrence O. Davis, a Missouri Circuit Court Judge, appeals from the federal district court's order denying his motion for summary judgment in this 42 U.S.C. § 1983 action. We reverse and remand with instructions to grant the motion for summary judgment.

Larry G. Callahan is a current inmate in the Missouri State Penitentiary. In August 1983 Callahan initiated a state post-conviction proceeding under Missouri Rule of...

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