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SMITH v. JAGO

No. 88-3775.

888 F.2d 399 (1989)

Arthur H. SMITH, Petitioner-Appellee, v. Arnold R. JAGO, Supt., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1989.

Rehearing and Rehearing Denied January 4, 1990.

Attorney(s) appearing for the Case

George H. Lancaster, Jr. (argued), Ohio Public Defender Com'n and Arthur H. Smith, Columbus, Ohio, for Arthur H. Smith, petitioner-appellee.

John J. Gideon (argued), Office of the Atty. Gen. of Ohio, Columbus, Ohio, for Arnold R. Jago, respondent-appellant.

Before: ENGEL, Senior Circuit Judge; BOGGS, Circuit Judge; and COHN, District Judge.

Rehearing and Rehearing En Banc Denied January 4, 1990.

ENGEL, Senior Circuit Judge.

Respondent Arnold Jago, Superintendent of the London Correctional Institution, appeals from a judgment of the United States District Court for the Southern District of Ohio granting Petitioner Arthur Smith's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and from the denial of a motion to alter or amend that judgment pursuant to Fed.R.Civ.P. 59(e)....

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