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SMITH BY AND THROUGH SMITH v. ARMONTROUT

No. 88-2702.

865 F.2d 1501 (1988)

Gerald M. SMITH, by and through Lynn SMITH, as his Next Friend, Appellant, v. William ARMONTROUT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1988.

Attorney(s) appearing for the Case

C. John Pleban, St. Louis, Mo., for appellant.

Steven Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges.

The motion for stay of execution of Gerald M. Smith, a Missouri prisoner, scheduled for 12:01 a.m., Friday, November 18, 1988, has been presented to the full court en banc. The court has considered the same and hereby grants the stay of execution until further order of the court.

Circuit Judges FAGG, BOWMAN and MAGILL vote to deny the stay.

LAY, Chief Judge.

The petition for stay of execution has been referred to the court en banc on this date, Thursday...

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