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FOSTER v. DELO

No. 95-2011.

54 F.3d 463 (1995)

Emmitt FOSTER, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Order Denying Rehearing, Granting Rehearing and Vacating Stay May 1, 1995.

Attorney(s) appearing for the Case

Emmitt Foster, pro se.

Gino F. Battisti, St. Louis, MO, for Emmitt Foster.

Stephen David Hawke, Atty. Gen. Office, Jefferson Cty., MO, for Paul Delo.

Before McMILLIAN, Circuit Judge, BRIGHT and JOHN R. GIBSON, Senior Circuit Judges.

Order Denying Rehearing, Granting Rehearing En Banc and Vacating Stay May 1, 1995.

PER CURIAM.

This matter is before the court on an expedited appeal relating to Emmitt Foster's second petition for a writ of habeas corpus and his application for a stay of execution. Foster's execution has been set for May 3, 1995. In a memorandum and order issued on April 26, 1995, the District Court for the Eastern District of Missouri denied Foster's petition for habeas...

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