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PRICE v. JOHNSTON

No. 11334.

161 F.2d 705 (1947)

PRICE v. JOHNSTON.

Circuit Court of Appeals, Ninth Circuit.

Writ of Certiorari Granted June 23, 1947.

Attorney(s) appearing for the Case

Homer C. Price, of Alcatraz, Cal., in pro per., for appellant.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, DENMAN, MATHEWS, STEPHENS, HEALY, BONE, and ORR, Circuit Judges.

Writ of Certiorari Granted June 23, 1947. See 67 S.Ct. 1757.

HEALY, Circuit Judge.

This appeal challenges the discretionary power of the court to deny a habeas corpus petition because of an abusive use of the privilege of the writ through the filing of successive petitions presenting seriatim grounds at all times within the knowledge of the applicant. Panels of this court have repeatedly affirmed the existence of such authority,1

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