COX, Circuit Judge:
INTRODUCTION
This case concerns a federal habeas petition under 28 U.S.C. § 2254 (1988) and the rules of procedure applicable to such a petition. We granted rehearing en banc to decide whether a district court must comply with the notice provision of Rule 56(c) of the Federal Rules of Civil Procedure when considering dispositive rulings under Rule 8(a) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254 (1988) ...
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