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SMITH v. DUGGER

No. 86-3333.

888 F.2d 94 (1989)

Frank SMITH, Petitioner-Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections; Tom Barton, Superintendent of Florida State Prison at Starke, Florida; Robert A. Butterworth, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 5, 1989.

Attorney(s) appearing for the Case

Billy H. Nolas, Office of Capital Collateral Representative, Tallahassee, Fla., Santha Sonenberg, Public Defender Service for the Dist. of Columbia, Washington, D.C., Baya Harrison, III, Tallahassee, Fla., for petitioner-appellant.

Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, Fla., Patricia Conners, Dept. of Legal Affairs, Carolyn Snurkowski, Tallahassee, Fla., for respondents-appellees.

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

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC

PER CURIAM:

Action on the petition for rehearing in this case has been unduly delayed. The only issue of concern to the Court is the so-called Hitchcock issue. Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), was decided after this case was decided by the district court and while it was on appeal. At one point on the appeal...

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