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BOLIEK v. BOWERSOX

No. 96-1031.

96 F.3d 1070 (1996)

William T. BOLIEK, Appellee, v. Michael BOWERSOX, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1996.

Rehearing and Suggestion for Rehearing Denied December 5, 1996.

Attorney(s) appearing for the Case

Michael Joseph Spillane, Assistant Attorney General (argued), Jefferson City, Missouri, for appellant.

David Jay DeSimone (argued), Kansas City, Missouri, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Circuit Judge, and KORNMANN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied December 5, 1996.

RICHARD S. ARNOLD, Chief Judge.

The Superintendent of the Potosi Correctional Center appeals from the District Court's order granting William Theodore Boliek's petition for a writ of habeas corpus. We reverse.

I.

In August 1983, Boliek was sharing a home in Kansas City, Missouri, with Don Anderson, Vernon Wait, and Jill Harless...

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