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KORDENBROCK v. SCROGGY

Nos. 88-5467, 89-5107.

919 F.2d 1091 (1990)

Paul KORDENBROCK, Plaintiff-Appellant, v. Gene SCROGGY, Warden, Kentucky State Penitentiary, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1990.

Rehearing and Rehearing Denied January 30, 1991.

Attorney(s) appearing for the Case

Edward C. Monahan (argued), Timothy T. Riddell (argued), Dept. of Public Advocacy, Frankfort, Ky., for plaintiff-appellant.

Frederic J. Cowan, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Carol C. Ullerich (argued), Cicely Lambert, [NTC ret] Administrative Office of Courts, Frankfort, Ky., for defendants-appellees.

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

Argued En Banc June 13, 1990.

Rehearing and Rehearing En Banc Denied January 30, 1991.

MERRITT, Chief Judge, announced the judgment of the Court in part VIII granting the Writ of Habeas Corpus as to both criminal liability and sentence, a judgment in which seven of the thirteen members of the en banc Court concur (Circuit Judges MERRITT, KEITH, BOYCE F. MARTIN, Jr., NATHANIEL R. JONES, MILBURN, DAVID A. NELSON, and RYAN), and in which one member concurs...

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