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DAVID HARVEY BREWSTER, APPELLANT, v. DONALD E. BORDENKIRCHER, WARDEN, WEST VIRGINIA PENITENTIARY, APPELLEE.

PER CURIAM:

Judges Winter, Russell, Widener, Hall, Sprouse, Chapman, Wilkinson and Sneeden concur in affirming the judgment of the district court for the reasons expressed by Judge Widener in his dissent to the panel opinion found at 745 F.2d 913, 918 (4th Cir. 1984).

Judges Phillips, Murnaghan and Ervin would reverse the judgment of the district court for the reasons expressed by Judge Murnaghan in his opinion for the panel majority found at 745 F.2d 913.

AFFIRMED.

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BREWSTER v. BORDENKIRCHER
(Jul 18, 1985)