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BYRNE v. ROEMER

No. 88-4399.

847 F.2d 1130 (1988)

Edward R. BYRNE, Jr., Plaintiff-Appellant, v. Charles ROEMER, William J. Guste, Jr., Cecil P. Campbell II, Robert Hilton Butler, and Bruce N. Lynn, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Rebecca Hudsmith, Shreveport, La., Nancy A. Baumgartner, Amanda Potterfield, Patrick R. Grady, Richard E. Kiausner, Cedar Rapids, Iowa, for plaintiff-appellant.

Henry N. Brown, Jr., Dist. Atty., Benton, La., Dale C. Wilks, Asst. Atty. Gen., New Orleans, La., for defendants-appellees.

Before RUBIN, KING and HIGGINBOTHAM, Circuit Judges.

KING, Circuit Judge:

Edward R. Byrne, Jr. moves this court for a stay of execution pending his appeal of a federal district court's decision to deny him an injunction in a section 1983 action. In his section 1983 action, Byrne challenged the constitutional validity of a Louisiana statute which, when applied to him, requires that he be executed before the time expires in which he can seek review in the United States Supreme Court of an earlier decision from this court...

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