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ANDERSON v. TAYLOR

No. 7775.

337 F.2d 943 (1964)

Clarence ANDERSON, Appellant, v. J. C. TAYLOR, Warden United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 19, 1964.

Attorney(s) appearing for the Case

Frederick D. Green, Denver, Colo., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., Topeka, Kan., was with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM.

This appeal is taken from an order of the District Court for the District of Kansas denying petitioner's application for a writ of habeas corpus without a hearing upon the ground that an adequate remedy was available under 28 U.S.C. § 2255. The record indicates that petitioner had earlier lodged a motion under section 2255 with the sentencing court, urging the same grounds as claimed in the instant petition, and that the motion had been denied after...

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