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DUNKINS v. THIGPEN

No. 87-7529.

854 F.2d 394 (1988)

Horace Franklin DUNKINS, Jr., Petitioner-Appellant, v. Morris THIGPEN, Commissioner of Alabama Department of Corrections, and W.E. Johnson, Warden, Holman Unit, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 18, 1988.

Attorney(s) appearing for the Case

John C. Falkenberry, Falkenberry & Whatley, North Birmingham, Ala., for petitioner-appellant.

Ed Carnes, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before HILL, FAY and VANCE, Circuit Judges.

Petition for Rehearing and Suggestion for Rehearing In Banc

VANCE, Circuit Judge:

On petition for rehearing, the court withdraws its previous opinion dated May 27, 1988, and substitutes the following opinion. The petition for rehearing is otherwise DENIED and no member of this panel nor other judge in regular active service on the court having requested that the court be polled on rehearing in banc, the suggestion...

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