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HOOPER v. SWENSON

No. 19009.

401 F.2d 352 (1968)

George Carthel HOOPER, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Jefferson City, Missouri, Appellee.

United States Court of Appeals Eighth Circuit.

September 26, 1968.

Attorney(s) appearing for the Case

Edwin D. Akers, Jr., St. Louis, Mo., for appellant and filed brief.

Gerald L. Birnbaum, Asst. Atty. Gen., of Missouri, Jefferson City, Mo., for appellee; Norman H. Anderson, Atty. Gen., of Missouri, was on the brief with Gerald L. Birnbaum, Jefferson City, Mo.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN, Circuit Judge, and VAN PELT, District Judge.

VAN PELT, District Judge.

This is a habeas corpus action brought in forma pauperis by a state court prisoner against the respondent Warden of the Missouri State Penitentiary. It was originally filed in the Western District of Missouri and thereafter was transferred to the Eastern District of Missouri, Eastern Division, the court finding that if an evidentiary hearing was granted the witnesses were in or near St. Louis. An order to show cause was entered and a response...

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