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CARL RAY SONGER, PETITIONER-APPELLANT, v. LOUIE L. WAINWRIGHT, ETC., AND RICHARD L. DUGGER, ETC., RESPONDENTS-APPELLEES.

BY THE COURT:

On January 29, 1985 this Court denied a motion to recall the mandate pending en banc consideration of Hitchcock v. Wainwright, No. 83-3578.

A petition for rehearing has been filed.

Since further proceedings are pending before other courts, on the basis of a record which is not before this panel, the order denying recall of the mandate is amended by deleting therefrom the following sentence:

All of Songer's claims have been fully litigated and decided.

The petition for panel rehearing is DENIED.

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SONGER v. WAINWRIGHT
(Feb 1, 1985)