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CHICK v. WINGO

No. 17808.

387 F.2d 330 (1967)

Robert A. CHICK, Petitioner-Appellant, v. J. W. WINGO, Warden, Commonwealth of Kentucky, Kentucky State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals Sixth Circuit.

December 27, 1967.

Attorney(s) appearing for the Case

Earl W. Allison, Columbus, Ohio, for appellant.

David Murrell, Asst. Atty. Gen., Frankfort, Ky., for appellees, Robert Matthews, Atty. Gen., Frankfort, Ky., on the brief.

Before PHILLIPS, EDWARDS and McCREE, Circuit Judges.

PER CURIAM.

Appellant seeks reversal of Judge Bernard T. Moynahan's denial without evidentiary hearing of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (Supp. II, 1965-66).

Appellant had previously filed a similar petition raising the same issues before the Circuit Court for Boyd County, Kentucky. In this case a full evidentiary hearing was held and Circuit Judge Chesley A. Lycan entered a careful opinion dealing with the issues...

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