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CLAYTON v. GIBSON

No. 98-5154.

199 F.3d 1162 (1999)

Robert William CLAYTON, Petitioner-Appellant, v. Gary GIBSON, Warden of the Oklahoma State Penitentiary; Drew Edmondson, Attorney General for the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 1999.

Attorney(s) appearing for the Case

James L. Hankins, of Hankins Law Office, Enid, Oklahoma, (Jeremy B. Lowrey, Sheridan, Arkansas, with him on the brief) for the appellant.

Robert L. Whittaker, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for the appellees.

Before BRORBY, BRISCOE, and MURPHY, Circuit Judges.

ORDER ON PETITION FOR REHEARING

BRISCOE, Circuit Judge.

This matter is before the court on appellant's Petition for Rehearing with a Suggestion for Rehearing En Banc. We also have the appellee's response. Upon consideration, the panel grants limited rehearing, withdraws the prior panel opinion, and issues the attached revised opinion in its place. The opinion is revised by deleting the third and fourth sentences of the last paragraph on page 13 of the November...

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