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HUNTER v. THOMAS

No. 3753.

173 F.2d 810 (1949)

HUNTER v. THOMAS.

United States Court of Appeals Tenth Circuit.

March 17, 1949.

Attorney(s) appearing for the Case

Eugene W. Davis, Asst. U. S. Atty., of Topeka, Kan. (Lester Luther, U. S. Atty., of Topeka, Kan., on the brief), for appellant.

Neil Tasher, of Denver, Colo., for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order entered in a habeas corpus proceeding discharging Thomas from the custody of Hunter, Warden. Theretofore, Thomas had appealed from an order denying a writ of habeas corpus entered in a former proceeding. We reversed that order and remanded the case with instructions to permit Thomas to introduce evidence in support of an allegation in his application for the writ that he did not have the aid of counsel when the...

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