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SMITH v. BLACK

No. 88-4790.

970 F.2d 1383 (1992)

Willie Albert SMITH, Petitioner-Appellant, v. Lee Roy BLACK, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 1992.

Attorney(s) appearing for the Case

Robert J. Brantley, Jr., Kenneth J. Rose, Jackson, Miss., David E. Massengill, John J. Kenney, Simpson, Thacher & Bartlett, New York City, for petitioner-appellant.

Marvin L. White, Jr., Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondents-appellees.

Before POLITZ, Chief Judge, KING and SMITH, Circuit Judges.

KING, Circuit Judge:

The United States Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Stringer v. Black, ___ U.S. ___, 112 S.Ct. 1130, 117 L.Ed.2d 367 (1992). The facts and procedural history are set forth in great detail in the panel opinion, Smith v. Black, 904 F.2d 950 (5th Cir.1990), and we will repeat them here only as necessary for an understanding of the...

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