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SELVAGE v. LYNAUGH

No. 88-2278.

842 F.2d 89 (1988)

John Henry SELVAGE, Petitioner-Appellee-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 1988.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Robert S. Walt, Asst. Atty. Gen., Austin, Tex., for Lynaugh.

David Cunningham, Houston, Tex., for Selvage.

Before POLITZ, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this, John Henry Selvage's second habeas trip to the federal courts, the United States District Court has granted a stay of his execution scheduled to be carried out before sunrise on March 30, 1988. The State of Texas asks this court to vacate that stay of execution. Selvage, in turn, requests a stay pending appeal of his dismissed claims, should we vacate the stay granted by the district court. Despite the shortness of...

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