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FLANSBURG v. KAISER

No. 1723.

55 F.Supp. 959 (1944)

FLANSBURG v. KAISER, Warden.

District Court, W. D. Missouri, Central Division.

April 24, 1944.

Attorney(s) appearing for the Case

Abner Flansburg, in pro. per.

Roy McKittrick, Atty. Gen., and Robert J. Flanagan, Asst. Atty. Gen., for respondent.

GARDNER, Circuit Judge.

Petitioner's original petition for writ of habeas corpus having been held insufficient, 54 F.Supp. 433, he has on leave granted filed an amended petition. Respondent challenges the sufficiency of the amended petition by demurrer which may be treated as a motion to dismiss.

One of the issues discussed in the former opinion was whether petitioner had exhausted his state remedies before resorting to...

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