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LONCHAR v. THOMAS

No. 95-8821.

58 F.3d 590 (1995)

Larry Grant LONCHAR, Petitioner-Appellee, v. Albert G. THOMAS, Warden, Georgia Diagnostic and Classification Center, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 29, 1995.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Mary Beth Westmoreland, Asst. Atty. Gen., State of Ga., Atlanta, GA, for appellant.

John Matteson, Office of John Matteson, Atlanta, GA, Clive Stafford Smith, Office of Clive Stafford Smith, New Orleans, LA, for appellee.

Before TJOFLAT, Chief Judge, COX and DUBINA, Circuit Judges.

PER CURIAM:

Albert Thomas, warden of the Georgia Diagnostic and Classification Center, has filed an emergency motion to vacate the district court's indefinite stay of the execution of Larry Grant Lonchar. Lonchar has responded to the motion. For the reasons given below, we vacate the stay.

I. Procedural History

An explanation of our ruling must begin with a review of the procedural history of Lonchar's case...

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