SONGER v. WAINWRIGHT

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.