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SOULIA v. O'BRIEN

Civ. No. 50-73.

94 F.Supp. 764 (1950)

SOULIA v. O'BRIEN, Warden.

United States District Court D. Massachusetts.

December 26, 1950.

Attorney(s) appearing for the Case

Joseph J. McGovern, Boston, Mass., for plaintiff.

Henry P. Fielding, Asst. Atty. Gen., Stephen A. Moynahan, Dist. Atty. for Western Dist., Springfield, Mass., for defendant.

FORD, District Judge.

On June 29, 1950 this court, in a memorandum decision, 91 F.Supp. 965, dismissed without prejudice an application by the petitioner, imprisoned in the Massachusetts State Prison under a sentence of death, for a writ of habeas corpus on the ground that petitioner had not applied to the Supreme Court of the United States for a writ of certiorari and, therefore, had not exhausted his "available state remedies...

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