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ROBINSON v. JOHNSTON

No. 9535.

130 F.2d 202 (1942)

ROBINSON v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

August 10, 1942.

Attorney(s) appearing for the Case

Fredrik S. Waiss, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and Robert B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, DENMAN, MATHEWS, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This court in an earlier opinion, Robinson v. Johnston, 118 F.2d 998, affirmed an order denying appellant's petition for a writ of habeas corpus. The Supreme Court granted certiorari, ordered the vacation of the judgment and remanded the case with leave "for further proceedings, including leave to petitioner to apply for a hearing before the court en banc." United States ex rel. Robinson v. Johnston, 62 S.Ct...

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