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MOORE v. CLARKE

No. 88-2584.

951 F.2d 895 (1991)

Carey Dean MOORE, Appellee, v. Harold W. CLARKE, Appellant. Carey Dean MOORE, Appellant, v. Harold W. CLARKE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1991.

Attorney(s) appearing for the Case

William L. Howland, Lincoln, Neb., for appellant.

Alan E. Peterson, Lincoln, Neb., for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

ON PETITION FOR REHEARING

JOHN R. GIBSON, Circuit Judge.

In Moore v. Clarke, 904 F.2d 1226 (8th Cir.1990), we affirmed the district court's1 grant of a writ of habeas corpus to Carey Dean Moore on the grounds that the statute under which he was sentenced was unconstitutionally vague as written and as construed by the Nebraska Supreme Court. The...

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