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ZEITVOGEL v. DELO

No. 94-2976.

84 F.3d 276 (1996)

Richard S. ZEITVOGEL, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed February 28, 1996.

Rehearing and Suggestion for Rehearing Denied May 1, 1996.

Attorney(s) appearing for the Case

Susan M. Hunt, Kansas City, MO, argued (Elena M. Franco, on the brief), for appellant.

Frank A. Jung, Asst. Atty. Gen., Jefferson City, MO, argued for appellee.

Before: FAGG, HENLEY, and BOWMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 1, 1996.

FAGG, Circuit Judge.

Richard S. Zeitvogel is on death row in Missouri for murdering Gary Wayne Dew in 1984. Zeitvogel appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988), and we affirm.

Zeitvogel killed Dew while they were cellmates in the maximum security area of the Missouri State Penitentiary. A prison guard responding...

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