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HUFFMAN v. SMITH

No. 12052.

172 F.2d 129 (1949)

HUFFMAN v. SMITH.

United States Court of Appeals Ninth Circuit.

January 19, 1949.

Attorney(s) appearing for the Case

William J. Huffman, in pro. per.

Smith Troy, Atty. Gen., State of Washington, and C. John Newlands, Asst. Atty. Gen., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from an order denying appellant's motion to sue in forma pauperis and, as such suitor, to file a writ of habeas corpus against appellee, Warden of the Washington State Penitentiary. The statute applicable at the time the order was made is § 832, 28 U.S.C., 28 U.S.C.A. § 832, providing

"Suits, and so forth, by poor persons; prepayment of fees and costs. Any citizen of...

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