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CARROLL v. CROUSE

No. 8611.

361 F.2d 903 (1966)

Robert Louis CARROLL, Appellant, v. Sherman H. CROUSE, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

June 7, 1966.

Attorney(s) appearing for the Case

Benjamin C. Langel, Wichita, Kan., for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, on the brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.

HILL, Circuit Judge.

This case is here on appeal from the trial court's denial and dismissal without prejudice of appellant's petition for habeas corpus. While no finding was made concerning exhaustion of available state remedies, a review of the record reveals that state remedies have not been exhausted, 28 U.S.C. § 2254; Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837; Patterson v. Hampton, 10 Cir., 355...

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