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IN RE LOMBARDI

No. 13-3699.

741 F.3d 903 (2014)

In re George A. LOMBARDI, Petitioner.

United States Court of Appeals, Eighth Circuit.

January 27, 2014.

Attorney(s) appearing for the Case

Michael J. Spillane , Asst. Atty. Gen., Jefferson City, MO ( Chris Koster , Atty. Gen., Stephen D. Hawke , Asst. Atty. Gen., on the brief), for petitioner.

Joseph W. Luby , Death Penalty Litigation Clinic, Kansas City, MO, for respondent.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, SHEPHERD, and KELLY, Circuit Judges, En Banc

ORDER

The respondents in this matter, plaintiffs in the underlying litigation, Zink v. Lombardi No. 2:12-cv-04209 (W.D. Mo. filed Aug. 1, 2012), petition for rehearing of this court's decision filed January 24, 2014, and to vacate the opinion on account of mootness. For the following reasons, we deny the petition.

The respondents argue that the issues before this court were moot at the time of the opinion's issuance, because the identities...

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