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HRBEK v. NIX

No. 93-1473.

12 F.3d 777 (1993)

John L. HRBEK, Appellee, v. Crispus C. NIX, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1993.

Rehearing and Suggestion for Rehearing Denied February 9, 1994.

Attorney(s) appearing for the Case

William A. Hill, Asst. Atty. Gen., Des Moines, IA, argued, for appellant.

Patrick E. Ingram, Iowa City, IA, argued, for appellee.

Before BOWMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 9, 1994.*

BEAM, Circuit Judge.

The State of Iowa, through Warden Crispus C. Nix, appeals the district court's grant of a writ of habeas corpus to John L. Hrbek. Hrbek, an inmate at the Iowa State Penitentiary (ISP), alleged in his habeas petition that the ISP disciplinary committee denied him due process when it disciplined him based on only "some evidence" of his guilt...

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