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NAILLIEUX v. CROUSE

No. 8425.

356 F.2d 499 (1966)

Wendell H. NAILLIEUX, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

February 15, 1966.

Attorney(s) appearing for the Case

James M. Bruce, Denver, Colo., for appellant.

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

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

LEWIS, Circuit Judge.

This appeal is taken by appellant, a state prisoner, from an order of the District Court for the District of Kansas dismissing without prejudice a petition for a writ of habeas corpus. The order was entered without a hearing and recites "that petitioner was denied no constitutional right" in the state proceedings and further that it "does not appear that petitioner has ever sought relief under the provisions...

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