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BAGBY v. SOWDERS

No. 87-5286.

894 F.2d 792 (1990)

Johnny Ray BAGBY, Petitioner-Appellant, v. Dewey SOWDERS, Warden, Northpoint Training Center, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1990.

Attorney(s) appearing for the Case

B. Todd Thompson, Woodward, Hobson and Fulton, J. Michael Dalton (Argued), Louisville, Ky., for petitioner-appellant.

David L. Armstrong, Atty. Gen. of Ky., Mary James Young, Kay Winebrenner, John S. Gillig (argued), Frankfort, Ky., for respondent-appellee.

Before MERRITT, Chief Judge, KEITH, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, Circuit Judges, and ENGEL and CONTIE, Senior Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

Johnny Ray Bagby, a state prisoner, appealed from a district court order dismissing his petition for a writ of habeas corpus. A divided panel of this court affirmed the district court's order in part, and reversed it in part. Bagby v. Sowders, 853 F.2d 1340 (6th Cir.1988). The panel remanded the case to the district court with instructions to grant the writ unless the State of Kentucky granted...

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