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FRANKLIN v. FRANCIS

No. 99-3131.

168 F.3d 261 (1999)

Jennie FRANKLIN and Elaine Quigley, as next friends for Wilford Lee Berry, Petitioners-Appellants, v. Rodney L. FRANCIS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1999.

Rehearing and Suggestion for Rehearing Denied February 18, 1999.

Attorney(s) appearing for the Case

David H. Bodiker, J. Joseph Bodine, Jr., Laurence E. Komp (briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, Ohio, for Appellants.

Sharon A. McClellan, Bradley D. Barbin (briefed), Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.

Before: RYAN, SILER, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 18, 1999.

OPINION

PER CURIAM.

Petitioners, Jennie Franklin and Elaine Quigley, proceeding as next friends for Wilford Lee Berry, who is under a death sentence, appeal the district court's denial of their motion under Federal Rule of Civil Procedure 59 to alter or amend the previous judgment dismissing their habeas corpus petition under 28 U.S.C. § 2254. They have also filed a motion...

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