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PALMER v. COMSTOCK

No. 22084.

394 F.2d 395 (1968)

George W. PALMER, Appellant, v. Howard M. COMSTOCK et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 23, 1968.

Attorney(s) appearing for the Case

Edward D. O'Brian (argued), Anaheim, Cal., for appellant.

Jack R. Winkler (argued), Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Thomas C. Lynch, Atty. Gen., Sacramento, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and BROWNING, Circuit Judges.

PER CURIAM.

The district court's judgment dismissing appellant's petition for habeas corpus is affirmed on the ground that appellant has not exhausted available state remedies. Morehead v. State of California, 339 F.2d 170 (9th Cir. 1964).

ON PETITION FOR REHEARING

PER CURIAM:

Appellant contends that the exhaustion requirement of 28 U.S.C. § 2254 has been satisfied because a petition for habeas corpus...

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