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WEBB v. LEWIS

No. 93-16167.

44 F.3d 1387 (1994)

Terry L. WEBB, Petitioner-Appellant, v. Samuel A. LEWIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1994.

Amended October 13, 1994.

Further Amended December 8, 1994.

Attorney(s) appearing for the Case

Stafford W. Prante, El Cajon, CA, for petitioner-appellant.

Diane M. Ramsey, Asst. Atty. Gen., Phoenix, AZ, for respondent-appellee.

Before FERGUSON, NOONAN, and T.G. NELSON, Circuit Judges.

Opinion by Judge NOONAN; Dissent by Judge T.G. NELSON.

ORDER

The opinion filed August 24, 1994, 33 F.3d 1079, and amended October 13, 1994 has been amended as follows:

Slip opinion p. 12581, ¶ 2, line 6 [at p. 1084] strike "In this case" after "the hearsay". Insert: "We are not bound by the dictum in Swan, supra at 1391 interpreting Wright as suggesting the contrary. While the evidence here is...

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