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LYDY v. BETO

No. 25180.

399 F.2d 59 (1968)

William E. LYDY, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

August 2, 1968.

Attorney(s) appearing for the Case

George W. Bramblett, Jr., Dallas, Tex., for appellant.

Douglas H. Chilton, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., for appellee.

Before THORNBERRY and SIMPSON, Circuit Judges, and ATKINS, District Judge.

THORNBERRY, Circuit Judge:

William E. Lydy, a state prisoner, appeals from the denial of his petition for writ of habeas corpus. After an evidentiary hearing, the district court sustained the validity of one of four concurrent sentences presently being served and then held that under McNally v. Hill, 1934, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238, it would be premature to pass on the validity of the remaining sentences.

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