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HOCHSTEIN v. HOPKINS

Nos. 96-1309, 96-1427.

113 F.3d 143 (1997)

Peter L. HOCHSTEIN, Appellee/Cross-Appellant, v. Frank X. HOPKINS, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1997.

Rehearing and Suggestion for Rehearing Denied June 13, 1997.

Attorney(s) appearing for the Case

Kimberly A. Klein, Assistant Attorney General, argued, Lincoln, NE (Don Stenberg and J. Kirk Brown, on the brief), for Appellee/Cross-Appellant.

Roger C. Lott, argued, Lincoln, NE (Mark C. Brown, on the brief), for Appellant/Cross-Appellee.

Before RICHARD S. ARNOLD, Chief Judge, and McMILLIAN and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 13, 1997.

McMILLIAN, Circuit Judge.

The State of Nebraska (state) appeals from a final order and judgment entered in the United States District Court1 for the District of Nebraska granting partial relief on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Peter L. Hochstein (petitioner). Hochstein v. Hopkins, No. CV 84-L-755 (D.Neb...

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