United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 97-3497
                                    ___________

Carl A. Terry,                            *
                                          *
             Appellant,                   *   Appeal from the United States
                                          *   District Court for the
      v.                                  *   Eastern District of Missouri.
                                          *     [UNPUBLISHED]
Dave Dormire,                             *

              Appellee.
                                    ___________

                              Submitted: February 9, 1999

                                   Filed: February 16, 1999

                                    ___________

Before WOLLMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit
      Judges.
                          ___________

PER CURIAM.

       Carl A. Terry appeals from the order dismissing as time-barred under the
provisions of 28 U.S.C. § 2244(d)(1) his petition for writ of habeas corpus filed under
28 U.S.C. § 2254.

       The order is reversed, and the case is remanded to the district court for
reinstatement of the petition and for further proceedings thereon. See Smith v.
Bowersox, 

(8th Cir. 1998).
A true copy.

      Attest:

         CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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