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NOLAN v. NASH

No. 17183.

316 F.2d 776 (1963)

Walter E. NOLAN, Appellant, v. Elbert V. NASH, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 23, 1963.

Attorney(s) appearing for the Case

Walter E. Nolan, pro se.

Thomas F. Eagleton, Atty. Gen., of the State of Missouri and Howard L. McFadden, Asst. Atty. Gen., of the State of Missouri filed typewritten brief for appellee.

Before SANBORN and BLACKMUN, Circuit Judges, and STEPHENSON, District Judge.

STEPHENSON, District Judge.

This is an appeal from an order of the District Court denying appellant's application for a writ of habeas corpus. The District Court denied appellant's application for a certificate of probable cause pursuant to 28 U.S.C. § 2253, for the reason that the appeal was "without merit, and, therefore, frivolous." This Court ordered that appellant's application for said certificate of probable cause be granted upon the ground "that probable...

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