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HUCKE v. STATE OF OR.

No. 91-35876.

992 F.2d 950 (1993)

Scott Matthew HUCKE, Plaintiff-Appellee, v. STATE OF OREGON and Harl Haas, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1993.

Attorney(s) appearing for the Case

Janie M. Burcart, Asst. Atty. Gen., Salem, OR, for defendants-appellants.

Michael R. Blaskowsky, Todd Trierweiler, Portland, OR, for plaintiff-appellee.

Before: D.W. NELSON, TROTT, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

This case presents a conflict between a federal bankruptcy proceeding and a state criminal proceeding, in which the bankruptcy court opinion (as applied by the federal district court) effected the release of an Oregon State prisoner convicted of rape by voiding the State's probation revocation. We vacate and remand.

FACTS & PROCEDURAL HISTORY

On the night of December 15, 1989, Appellee Scott Matthew Hucke and...

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