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MIKESKA v. COLLINS

No. 88-2276.

928 F.2d 126 (1991)

Frank Lee MIKESKA, James Logan Diez, Antonio Crecelius and Walter D. Williams, Plaintiffs-Appellants, v. James A. COLLINS, Director, Texas Dept. of Criminal Justice, Institutional Division, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 1991.

Attorney(s) appearing for the Case

Frank Lee Mikeska, Lovelady, Tex., pro se.

James Logan Diez, San Angelo, Tex., pro se.

Walter D. Williams, Lovelady, Tex., pro se.

Lawrence Wells, Asst. Atty. Gen., Jim Mattox, Atty. Gen., and Adrian Young, Austin, Tex., for defendants-appellees.

Before POLITZ, DAVIS, and DUHE, Circuit Judges.

OPINION ON REHEARING

PER CURIAM:

The court sua sponte grants rehearing, withdraws its earlier opinion reported at 900 F.2d 833 (5th Cir.1990), and substitutes the following.

The initial paragraph of the prior opinion and the two factual paragraphs under the subtitle "Background," 900 F.2d at 834, are reinstated.

Analysis

As a threshold consideration we must determine whether appellate...

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