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BARBER v. PAGE

No. 9015.

381 F.2d 479 (1966)

Jack Allen BARBER, Appellant, v. Ray H. PAGE, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 24, 1967.

Certiorari Granted October 9, 1967.

Attorney(s) appearing for the Case

C. E. Barnes, Oklahoma City, Okl., for appellant.

Charles L. Owen, Asst. Atty. Gen. (Charles Nesbitt, Atty. Gen., of Oklahoma, was with him on the brief), for appellee.

Before BREITENSTEIN and ALDRICH, Circuit Judges, and KERR, District Judge.

Certiorari Granted October 9, 1967. See 88 S.Ct. 115.

BREITENSTEIN, Circuit Judge.

For the second time, appellant appeals from a judgment denying him, a state prisoner, habeas corpus relief. In Barber v. Page, 10 Cir., 355 F.2d 171, we remanded because the record did not show that appellant had exhausted his state remedies. The district court held a second evidentiary hearing, found that the state remedies had in fact been...

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