Court of Appeals for the Fifth Circuit October 8, 1980, 78-1346 (Antonio Perez v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation)

ALVIN B. RUBIN, Circuit Judge.

Considering the decision of the United States Supreme Court in

Cuyler v. Sullivan,

446 U.S. -,-, 100 S.Ct. 1708, 1715-1716, 64 L.Ed.2d 333, the order of the district court, 440 F.Supp. 1037, granting writ of habeas corpus is AFFIRMED and the case is REMANDED for further proceedings consistent with this opinion.