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WILLIAMS v. KELLY

No. 86-7281.

816 F.2d 939 (1987)

Kenneth WILLIAMS, Plaintiff-Appellee, v. Robert R. KELLY, Warden, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1987.

Rehearing and Rehearing Denied May 12, 1987.

Attorney(s) appearing for the Case

Linwood Theodore Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Va., on brief), for defendant-appellant.

Andrea Celestine Long (Boone, Beale, Cosby & Hyder, on brief), for plaintiff-appellee.

Before HALL, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and TIMBERS, Circuit Judge for the Second Circuit, sitting by designation.

Rehearing and Rehearing In Banc Denied May 12, 1987.

TIMBERS, Circuit Judge:

Appellant Robert R. Kelly, Warden of the Deerfield Correctional Center at Capron, Virginia, ("appellant") appeals from an order entered August 29, 1986 in the Eastern District of Virginia, David G. Lowe, Magistrate, which granted a petition by appellee Kenneth Williams ("appellee") for a writ of habeas corpus. The magistrate granted the petition on the ground that appellee...

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