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THOMPSON v. CALDERON

Nos. 95-99014, 95-99015.

120 F.3d 1042 (1997)

Thomas Martin THOMPSON, Petitioner-Cross-Appellant/Appellee, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Orders Dissenting from Decision August 3, 1997.

Order; Dissent by Judge BEEZER; Dissent by Judge TROTT

ORDER

A majority of the active judges has voted to take this matter en banc. On March 6, 1997, a panel of our court reversed the district court's grant of habeas relief. An en banc vote was not taken before the mandate issued. The full court has voted to consider whether to recall the mandate to consider whether the panel decision of our court would result...

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