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McCAULEY v. MEHLHORN

No. 8564.

91 F.2d 1017 (1937)

J. M. McCAULEY, as Warden of the Washington State Penitentiary at Walla Walla, Washington, Appellant, v. August MEHLHORN, Appellee.

Circuit Court of Appeals, Ninth Circuit.

September 24, 1937.

Attorney(s) appearing for the Case

G. W. Hamilton, Atty. Gen., and W. A. Toner, Asst. Atty. Gen., for appellant.

E. D. Phelan, of Seattle, Wash., for appellees.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

PER CURIAM.

Upon the authority of Hall v. People of State of California (C.C.A.9) 79 F.2d 132, and cases there cited, the order herein appealed from is reversed and this case is remanded to the District Court with directions to dismiss the application for habeas corpus, without prejudice to any right of appellee to apply to any state court of the state of Washington for habeas corpus or for such other writ, remedy or relief as in...

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