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HUBBARD v. PATTERSON

374 F.2d 856 (1967)

Rex HUBBARD, Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 16, 1967.

Attorney(s) appearing for the Case

Roland E. Gebert, Denver, Colo., for appellant.

James F. Pamp, Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., Denver, Colo., with him on brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Appellant appeals from an order dismissing his petition for a writ of habeas corpus.

The petition to the trial court was based upon language contained in an opinion of this court1 which affirmed the findings of an earlier evidentiary hearing granted appellant by this court,2 and an opinion of the United States Supreme Court.3 The language, "totality...

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