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FREY v. SCHUETZLE

No. 97-1849.

151 F.3d 893 (1998)

Jeffrey Eugene FREY, Plaintiff-Appellant, v. Timothy SCHUETZLE, Warden, North Dakota State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1998.

Rehearing and Suggestion for Rehearing Denied September 17, 1998.

Attorney(s) appearing for the Case

Anthony F. Renzo, Des Moines, IA, argued (Jonathan T. Garaas, on the brief), for plaintiff-appellant.

Galen J. Mack, Rugby, ND, argued, for defendant-appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and GOLDBERG, Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 17, 1998.

HANSEN, Circuit Judge.

This case is before this court for a second time. Previously, we reversed the district court's grant of a writ of habeas corpus to Jeffrey Frey, who was convicted of murder and aggravated assault in North Dakota, because the basis for granting relief was not alleged in his petition. See Frey v. Schuetzle, 78 F.3d 359, 361...

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