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RUPP v. TEETS

No. 14241.

214 F.2d 312 (1954)

RUPP v. TEETS, Warden.

United States Court of Appeals Ninth Circuit.

June 24, 1954.

Attorney(s) appearing for the Case

A. J. Zirpoli, San Francisco, Cal., for appellant.

Edward G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Charles E. McClung, Deputy Atty. Gen., State of California, for appellee.

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

PER CURIAM.

Rupp has appealed from an order of the United States District Court for the Northern District of California, 117 F.Supp. 376, denying him a writ of habeas corpus. The Warden moves to dismiss the appeal as frivolous, contending that the application shows on its face that Rupp has not exhausted his state remedies by petitioning a California state court for the issuance of the writ.

Rupp, in San Quentin, as well...

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