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WALTON v. CASPARI

No. 89-1487.

916 F.2d 1352 (1990)

David E. WALTON, Appellee, v. Paul CASPARI, and William L. Webster, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1990.

Rehearing and Rehearing Denied December 6, 1990.

Attorney(s) appearing for the Case

Patrick King, Asst. Atty. Gen., Jefferson City, Mo., for appellants.

Howard B. Eisenberg, Carbondale, Ill., for appellee.

Before McMILLIAN and FAGG, Circuit Judges, and STROM, District Judge.

Rehearing and Rehearing En Banc Denied December 6, 1990.

McMILLIAN, Circuit Judge.

The State of Missouri appeals from a final order entered in the United States District Court1 for the Eastern District of Missouri conditionally granting David E. Walton's petition for a writ of habeas corpus. Walton v. Trickey, No. 87-1510-C(2) (E.D.Mo. Mar. 6, 1989) (order). For reversal, the state argues that the district court erred in...

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