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MURRAY v. WOOD

No. 95-4145.

107 F.3d 629 (1997)

Kenneth Edward MURRAY, Appellant, v. Frank W. WOOD, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Paul Engh, Minneapolis, MN, argued, for Appellant.

David J. Hauser, Fergus Falls, MN, argued, for Appellee.

Before BOWMAN and HEANEY, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

Murray appeals the District Court's order dismissing five of his six grounds for habeas corpus relief with prejudice, and dismissing his sixth ground for relief without prejudice. We vacate and remand with directions.

I. BACKGROUND

On August 27, 1991, Murray was convicted of eleven counts of criminal sexual conduct involving three different minors. Specifically, (1) with respect to E.R.E., he was convicted of one count...

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