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LYNCH v. SWOPE

No. 12063.

172 F.2d 301 (1949)

LYNCH v. SWOPE.

United States Court of Appeals Ninth Circuit.

January 19, 1949.

Attorney(s) appearing for the Case

Joseph P. Lynch, in pro. per.

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

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

DENMAN, Chief Judge.

This is an appeal from a judgment dismissing appellant's application for a writ of habeas corpus. Appellant had filed a prior application for the writ which was dismissed and the dismissal affirmed. Lynch v. Johnston, 9 Cir., 167 F.2d 1000.

Appellant contends that the instant petition is upon a ground not presented in the first and of which he, a layman there pleading in propria persona, was not then advised...

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