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VICTOR v. HOPKINS

No. 95-2801.

90 F.3d 276 (1996)

Clarence VICTOR, Appellee, v. Frank X. HOPKINS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1996.

Rehearing and Suggestion for Rehearing Denied October 1, 1996.

Attorney(s) appearing for the Case

J. Kirk Brown, argued, Lincoln, NE, for appellant.

Rick D. Lange, argued, Lyle J. Koenig, Lincoln, NE, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and WOLLE, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1996.*

BOWMAN, Circuit Judge:

Pursuant to 28 U.S.C. § 1292(b) (1994), the District Court has certified the following question for our consideration:

Can and should a federal district court in a federal habeas corpus action involving the death penalty hold the federal case in abeyance, retaining jurisdiction and maintaining the stay against execution...

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