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WILSON v. BUTLER

No. 86-3537.

825 F.2d 879 (1987)

David Earl WILSON, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary at Angola, Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 1987.

Attorney(s) appearing for the Case

James Lloyd Volling, Faegre & Benson, Minneapolis, Minn., William P. Quigley, New Orleans, La., for petitioner-appellant.

William R. Campbell, Jr., New Orleans, La., for respondent-appellee.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion March 24, 5th Cir.1987, 813 F.2d 664)

ALVIN B. RUBIN, Circuit Judge:

The petition for rehearing asks that, in addition to the relief granted, we vacate that portion of the district court's judgment dismissing Wilson's claim of ineffective assistance at the guilt phase of his trial. Wilson's allegations in support of this claim were clearly insufficient to require an evidentiary...

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