Remer J. Dasher v. Norman Stripling

Eleventh Circuit

Remer J. Dasher v. Norman Stripling

714 F.2d 1084, 1983 U.S. App. LEXIS 16860

Court of Appeals for the Eleventh Circuit·Decided September 16, 1983·No. 81-7441·Published

Opinion

PER CURIAM:

The state appeals a grant of a writ of habeas corpus by the United States District Court. A panel of this Court reversed in a divided decision. Dasher v. Stripling, 685 F.2d 385 (11th Cir.1982). This Court took the case en banc, which resulted in the panel opinion being vacated. The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is affirmed as a matter of law, and this decision of the Court of Appeals has no precedential value. Henderson v. Fort Worth Independent School District, 584 F.2d 115 (5th Cir. 1978) (en banc), cert. denied, 441 U.S. 906, 99 S.Ct. 1996, 60 L.Ed.2d 375 (1979).

AFFIRMED BY OPERATION OF LAW.

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PER CURIAM:

The state appeals a grant of a writ of habeas corpus by the United States District Court. A panel of this Court reversed in a divided decision. Dasher v. Stripling, 685 F.2d 385 (11th Cir.1982). This Court took the case en banc, which resulted in the panel opinion being vacated. The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is affirmed as a matter of law, and this decision of the Court of Appeals has no precedential value. Henderson v. Fort Worth Independent School District, 584 F.2d 115 (5th Cir. 1978) (en banc), cert. denied, 441 U.S. 906, 99 S.Ct. 1996, 60 L.Ed.2d 375 (1979).

AFFIRMED BY OPERATION OF LAW.

Remer J. Dasher v. Norman Stripling, 714 F.2d 1084, 1983 U.S. App. LEXIS 16860 (11th Cir. 1983).

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Opinion

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