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ELEM v. PURKETT

No. 93-1793.

64 F.3d 1195 (1995)

Jimmy ELEM, Appellant, v. James PURKETT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1995.

Attorney(s) appearing for the Case

David E. Woods, argued, O'Fallon, MO, for appellant.

Ronald L. Jurgeson, Asst. Atty. Gen., argued, Kansas City, MO, for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

McMILLIAN, Circuit Judge.

On May 15, 1995, the United States Supreme Court granted James Purkett's petition for a writ of certiorari in the present case. That same day, the Supreme Court issued an opinion reversing this court's judgment and remanding the case for further proceedings. Purkett v. Elem, ___ U.S. ___, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995) (per curiam), rev'g and remanding 25 F.3d 679 (8th Cir.1994),

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