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BURTON v. FOLTZ

No. 85-1363.

810 F.2d 118 (1987)

Arthur J. BURTON, Petitioner-Appellant, v. Dale E. FOLTZ, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 2, 1987.

Rehearing and Rehearing Denied March 23, 1987.

Attorney(s) appearing for the Case

Mark H. Magidson (argued), Detroit, Mich., for petitioner-appellant.

Thomas A. Kulick (argued), Lansing, Mich., for respondent-appellee.

Before WELLFORD, MILBURN and BOGGS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 23, 1987.

MILBURN, Circuit Judge.

Petitioner-appellant Arthur Jackson Burton appeals the decision of the district court denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner argues that: (1) the law of the case doctrine precludes reconsideration by this court of issues decided on the appeal of his first petition for habeas relief; (2) the jury instruction in the state court impermissibly...

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