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McINTYRE v. CASPARI

No. 89-2700.

35 F.3d 338 (1994)

Terry D. McINTYRE, Plaintiff-Appellant, v. Paul CASPARI, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1994.

Rehearing and Suggestion for Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Dorothy D. Danforth, St. Louis, MO, argued (John L. Davidson, Jr., on the brief), for appellant.

Stephen David Hawke, Jefferson City, MO, argued (William L. Webster and Stephen D. Hawke, on the brief), for appellee.

Before McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 23, 1994.

JOHN R. GIBSON, Senior Circuit Judge.

Terry D. McIntyre's habeas petition raising a most troublesome double jeopardy issue is before us for the third time, after our second opinion in this case was vacated by the United States Supreme Court. The issue before us is a narrow one, whether Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76...

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