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NICHOLS v. McCORMICK

No. 90-35416.

946 F.2d 695 (1991)

Dan NICHOLS, Petitioner-Appellant, v. Jack McCORMICK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 8, 1991.

Attorney(s) appearing for the Case

Wendy Holton, Helena, Mont., for petitioner-appellant.

Elizabeth S. Baker, Asst. Atty. Gen., Helena, Mont., for respondent-appellee.

Before BROWNING, WRIGHT and FARRIS, Circuit Judges.

ORDER

The panel has voted to deny appellant's petition for rehearing and to reject the suggestion for rehearing en banc.

The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35.

The petition...

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