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ZIEBART v. UNITED STATES

No. 13653.

192 F.2d 804 (1951)

ZIEBART v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

November 30, 1951.

Attorney(s) appearing for the Case

Larry Scarborough, Abilene, Tex., for appellant.

Cavett S. Binion, Asst. U. S. Atty., Ft. Worth, Tex., for appellee.

Before JOSEPH C. HUTCHESON, Chief Judge, and HOLMES, and STRUM, Circuit Judges.

JOSEPH C. HUTCHESON, Chief Judge.

This is appellant's second appearance here seeking relief from an order denying his motion under Section 2255, Title 28 U.S.C.A., for vacation of his sentence.

When he was here before,1 his appeal was from an order denying his motion without granting a hearing thereon.

Calling attention to the provision of the invoked section which in terms provides:

"Unless the motion and the files...

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