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McCLESKEY v. ZANT

Nos. 88-8085, 89-8085.

890 F.2d 342 (1989)

Warren McCLESKEY, Petitioner-Appellee, v. Walter ZANT, Superintendent, Georgia Diagnostic and Classification Center, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended December 13, 1989.

Rehearing and Rehearing Denied February 6, 1990.

Attorney(s) appearing for the Case

Mary Beth Westmoreland, Asst. Atty. Gen., Susan V. Boleyn, William B. Hill, Atlanta, Ga., for respondent-appellant.

Robert H. Stroup, Atlanta, Ga., Julius L. Chambers, NAACP Legal Defense Fund, James M. Nabrit, II, John Charles Boger, New York City, for petitioner-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and RONEY, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied February 6, 1990.

KRAVITCH, Circuit Judge:

This is a consolidated appeal by the State of Georgia from the district court's grant of Warren McCleskey's second petition for a writ of habeas corpus and from the district court's denial of the State's motion under Fed.R.Civ.P. 60(b) for relief from the judgment. The district court granted the writ solely on the basis of McCleskey's claim that his sixth amendment rights had...

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