GALLOWAY v. DOWD

Nos. 10818, 10820.

204 F.2d 524 (1953)

GALLOWAY v. DOWD. WITTE v. DOWD.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 18, 1953.


Attorney(s) appearing for the Case

James C. Cooper, Public Defender of Indiana, Rushville, Ind., for appellants.

Edwin K. Steers, Atty. Gen., and Carl M. Franceschini, Deputy Atty. Gen., for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.


LINDLEY, Circuit Judge.

In No. 10818 petitioner seeks to reverse an order of the District Court denying his petition for a writ of habeas corpus because it appeared from the petition that appellant had failed to exhaust his available remedies in Indiana. From the averments of the petition it is clear that, on October 3, 1945, petitioner filed a motion in the state court, in the nature of coram nobis, to vacate the judgment entered against him in that court On March...

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