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Brewster v. Bordenkircher

United States Court of Appeals, Fourth Circuit
Jul 18, 1985
767 F.2d 81 (4th Cir. 1985)

Opinion

No. 83-6465.

Reargued En Banc February 4, 1985.

Decided July 18, 1985.

James A. McLaughlin, Charleston, W. Va., for appellant.

John Ernest Shank, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., Charleston, W. Va., on brief) for appellee.

Appeal from the United States District Court for the Southern District of West Virginia.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and SNEEDEN, Circuit Judges.


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.


Summaries of

Brewster v. Bordenkircher

United States Court of Appeals, Fourth Circuit
Jul 18, 1985
767 F.2d 81 (4th Cir. 1985)
Case details for

Brewster v. Bordenkircher

Case Details

Full title:DAVID HARVEY BREWSTER, APPELLANT, v. DONALD E. BORDENKIRCHER, WARDEN, WEST…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 18, 1985

Citations

767 F.2d 81 (4th Cir. 1985)

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