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TOWER v. PHILLIPS

No. 90-4038.

7 F.3d 206 (1993)

Terry Brian TOWER, Petitioner-Appellant, v. O.J. PHILLIPS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 17, 1993.

Attorney(s) appearing for the Case

Terry Brian Tower (Towler), pro se.

Ronald W. Maxwell, Jacksonville, FL, for petitioner-appellant.

Edward C. Hill, Jr., Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for respondent-appellee.

Before ANDERSON, Circuit Judge, MORGAN and JOHNSON, Senior Circuit Judges.

ON REHEARING

PER CURIAM:

This case arises on appeal following the district court's order denying and dismissing the petition for writ of habeas corpus of petitioner-appellant Terry Brian Towler.1 The original panel opinion was issued on December 21, 1992, and published at 979 F.2d 807. An active judge of this court withheld the mandate prompting reconsideration by the panel of the procedural...

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