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CARDER v. MAXWELL

Civ. A. 67-16.

298 F.Supp. 1056 (1969)

John L. CARDER, a Minor, by Martha Carder, his Mother and Next Friend, Petitioner, v. E. L. MAXWELL, Warden, Respondent.

United States District Court S. D. Ohio, E. D.

April 7, 1969.

Attorney(s) appearing for the Case

Richard C. Gerken and Forrest P. Moore, Logan, Ohio, for petitioner.

William B. Saxbe, Atty. Gen., State of Ohio, and Stephen M. Miller, Asst. Atty. Gen., for respondent.

OPINION AND ORDER

KINNEARY, District Judge.

Petitioner, a state prisoner, has brought this action for a writ of habeas corpus under Title 28, United States Code, Section 2241. An evidentiary hearing was held under the doctrine of Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) because there were material facts which were not adequately developed in the state court proceedings.

Petitioner is presently...

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