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CHRISTY v. HORN

No. 96-9004.

115 F.3d 201 (1997)

Lawrence Duane CHRISTY, Appellee, v. Martin F. HORN, Commissioner, Pennsylvania Department of Corrections; James S. Price, Superintendent, State Correctional Institution at Green; Joseph Mazurkiewicz, Superintendent, State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Christian A. Fisanik (Argued), Chief Deputy, Appellate Div., Office of the Cambria County District Attorney, Ebensburg, PA for Appellants.

John Unkovic (Argued), W. Thomas McGough Jr., Reed Smith Shaw & McClay, Pittsburgh, PA, for Appellee.

David Wycoff, Defender Association of Philadelphia — Federal Court Division, Philadelphia, PA, for Amicus Curiae, Defender Association of Philadelphia — Federal Court Div.

Robert Brett Dunham, Philadelphia, PA, Billy H. Nolas, Philadelphia, PA, for Amicus Curiae, Center for Legal Education, Advocacy & Defense Assistance.

Before: BECKER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The district court granted the Appellee, Lawrence Duane Christy, a stay of execution and held his federal habeas petition in abeyance pending exhaustion of a particular issue in state court. Arguing that the district court did not have the authority to hold the Appellee's habeas petition in abeyance, the Commonwealth of Pennsylvania has appealed.

I.

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