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AGAN v. DUGGER

No. 87-3448.

828 F.2d 1496 (1987)

James C. AGAN, Petitioner-Appellant, v. Richard DUGGER, Secretary, Florida Department of Corrections, Robert L. Butterworth, Attorney General, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 25, 1987.

Attorney(s) appearing for the Case

Mark E. Olive, Asst. Capital Collateral Representative, Tallahassee, Fla., for petitioner-appellant.

Mark C. Menser, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for respondents-appellees.

Before FAY, VANCE and ANDERSON, Circuit Judges.

PER CURIAM:

The facts of this death penalty case are amply set forth in the Florida Supreme Court's opinion on defendant Agan's direct appeal. Agan v. State, 445 So.2d 326 (Fla.1983). The procedural history has been adequately set out in the district court opinion denying Agan habeas relief, a stay of execution, and a certificate of probable cause. Agan v. Dugger, slip op. (M.D.Fla. June 24, 1987).

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