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MEADOWS v. HOLLAND

No. 86-6748.

831 F.2d 493 (1987)

David MEADOWS, Plaintiff-Appellee, v. Manfred G. HOLLAND, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1987.

Attorney(s) appearing for the Case

Silas B. Taylor, Deputy Atty. Gen. (Charles G. Brown, Atty. Gen., Charleston, W.Va., on brief) for appellant.

James Audley McLaughlin, Charleston, W. Va. (Deborah C. McHenry, West Virginia University College of Law, Morgantown, W.Va., on brief) for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting en banc.

K.K. HALL, Circuit Judge:

The Attorney General of the State of West Virginia, acting on behalf of Manfred G. Holland, Superintendent of the West Virginia State Penitentiary ("the State"), appeals an order of the district court granting a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 by David Meadows, a West Virginia inmate. We granted an initial en banc hearing in this matter in order to review definitively, the State's contention...

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