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JORDAN v. HARGETT

No. 93-7660.

53 F.3d 94 (1995)

John S. JORDAN, Petitioner-Appellant, v. Edward HARGETT, Superintendent, Mississippi State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 15, 1995.

Attorney(s) appearing for the Case

Jim J. Waide, Tupelo, MS, for petitioner-appellant John S. Jordan.

Jo Anne McFarland McLeod, Asst. Atty. Gen., Michael Cameron Moore, Atty. Gen., Office of Atty. Gen. of Mississippi, Jackson, MS, for respondents-appellees Edward Hargett, Superintendent, Mississippi State Penitentiary and Mike Moore, Atty. Gen. of State of Miss.

Before POLITZ, Chief Judge, REAVLEY, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.

PER CURIAM:

The panel ordered this case remanded to the district judge to conduct his own evidentiary hearing before rejecting the magistrate judge's findings on the credibility of the witnesses. Jordan v. Hargett, 34 F.3d 310 (5th Cir.1994). Since vacating the panel opinion, the en banc court is informed that the attorney who defended Jordan in the state trial but did not testify at...

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