COX, Circuit Judge:
This case originated in this court as an appeal from a federal district court's dismissal of petitioner Moore's second application for federal habeas corpus relief as an abuse of the writ within the meaning of Rule 9(b) of the Rules Governing 28 U.S.C. § 2254 cases. This court, sitting en banc, ultimately reversed in part the district court's finding of abuse, and remanded the case in part. Moore v. Kemp,
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