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SMITH v. SETTLE

No. 16862.

302 F.2d 142 (1962)

Joseph Orby SMITH, Jr., Appellant, v. Dr. R. O. SETTLE, Warden, Appellee.

United States Court of Appeals Eighth Circuit.

April 16, 1962.

Attorney(s) appearing for the Case

Gerhard J. Petzall, St. Louis, Mo., made argument for appellant, and was on the typewritten brief.

John Harry Wiggins, Asst. U. S. Atty., Kansas City, Mo., made argument for appellee and F. Russell Millin, U. S. Atty., Kansas City, Mo., and John L. Kapnistos, Asst. U. S. Atty., were with him on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and J. SMITH HENLEY, District Judge.

PER CURIAM.

This is an appeal by Joseph Orby Smith, Jr., from the order of the District Court for the Western District of Missouri, dismissing his petition for habeas corpus wherein he alleges that he was illegally convicted and sentenced, upon the ground that the petitioner had not exhausted the remedies provided by 28 U. S.C.A. § 2255 for attacking the validity of his conviction and sentence.

Smith in 1948 was convicted of robbery of a federal reserve...

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