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BENNETT v. LOCKHART

No. 94-1215.

39 F.3d 848 (1994)

Richard BENNETT, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1994.

Attorney(s) appearing for the Case

W. Asa Hutchinson, Fort Smith, AR, argued, for appellant.

Pamela Rumpz, Little Rock, AR, argued, for appellee.

Before HANSEN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1978, Marcia Bennett drowned in the Arkansas River near Paris, Arkansas. At the time, she and her husband of three months, Richard Bennett, were fishing from a bridge at night. They had come to Arkansas from Ohio to buy land for a local business. According to Mr. Bennett, he first threw a rope to his wife after she fell; he then jumped into the water but was unable to find her. Nine days later, her body floated to the surface...

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