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  5. 58 F.Supp. 746 (1945)
 

EX PARTE LYON

No. 352.

58 F.Supp. 746 (1945)

Ex parte LYON.

District Court, D. New Hampshire.

January 25, 1945.

Attorney(s) appearing for the Case

Ernest D'Amours, Asst. Atty. Gen., of New Hampshire, for State.

Samuel A. Margolis, of Manchester, N. H., and Angus M. MacNeil, of Boston, Mass., for petitioner Lyon.

CONNOR, District Judge.

Petition for writ of habeas corpus filed January 19, 1945. The Court ordered the writ to issue and the matter came on for hearing January 24, 1945. The respondent, Jerome F. Harkness, thereupon filed a motion to dismiss the petition and discharge the writ alleging:

(1) That the petitioner was without remedy in this court.

(2) That the petitioner had not exhausted his remedies in the state courts inasmuch as he had not made application...

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