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PAIGE v. ROSS

No. 10960.

372 F.2d 426 (1967)

Van R. PAIGE, Appellant, v. Major Fred R. ROSS, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.

Attorney(s) appearing for the Case

Alexander H. Slaughter, Richmond, Va. (Court-assigned counsel) [McGuire, Woods & Battle, Richmond, Va., on brief], for appellant.

Theodore C. Brown, Jr., Staff Attorney, Raleigh, N. C. (T. Wade Bruton, Atty. Gen. of North Carolina, and Ralph A. White, Jr., Staff Attorney, Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

PER CURIAM.

This appeal from an order denying a writ of habeas corpus without a hearing presents a contention that the appellant was denied an equal protection right under the Fourteenth Amendment when the state trial court refused or neglected to appoint a lawyer to prosecute an appeal for him. The Attorney General for North Carolina in this Court now concedes that the records in the state post-conviction hearing do not answer the factual question whether or not...

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