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MANN v. LYNAUGH

No. CA 3-88-1418-R.

690 F.Supp. 562 (1988)

Fletcher Thomas MANN, Plaintiff, v. James A. LYNAUGH, Director, Texas Department of Corrections, Defendant.

United States District Court, N.D. Texas, Dallas Division.

June 22, 1988.

Attorney(s) appearing for the Case

Eden E. Harrington, Adjunct Professor, School of Law, University of Texas at Austin, Austin, Tex., Scott W. Anderson and Dean S. Neuwirth, Arnold & Porter, Denver, Colo., for plaintiff.

Jim Mattox, Atty. Gen., Mary F. Keller, First Asst. Atty. Gen., Lou McCreary, Executive Asst. Atty. Gen., Michael P. Hodge, Asst. Atty. Gen., Chief Enforcement Div., and William C. Zapalac, Asst. Atty. Gen., Austin, Tex., for defendant.

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This is a death penalty case. The petitioner is Fletcher Thomas Mann, who is before this Court for the second time. Mann v. Lynaugh, 688 F.Supp. 1121 (N.D. Tex.1987), appeal dismissed, 840 F.2d 1194 (5th Cir.1988).

For the following reasons, Mann's motion for relief from judgment under Rule 60(b), Fed.R.Civ.P., is GRANTED...

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