HARPER v. NIX

No. 87-2656.

867 F.2d 455 (1989)

Ernest C. HARPER, Appellant, v. Crispus NIX, Robert M. Spire, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 3, 1989.

Rehearings Denied March 3 and March 17, 1989.


Attorney(s) appearing for the Case

Barbara Thielen, Omaha, Neb., for appellant.

Linda L. Willard, Lincoln, Neb., for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


LAY, Chief Judge.

Ernest Harper appeals the district court's1 dismissal of his petition for a writ of habeas corpus. We affirm. In late 1981, Harper was arrested and charged in relation to an October 3, 1981, robbery of a Wendy's restaurant in which two women employees were raped. The victims had described their assailants as two black men who wore masks during the robbery. One of the individuals...

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