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HEATH v. WAINWRIGHT

No. 26080.

408 F.2d 1020 (1969)

Grant HEATH, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1969.

Attorney(s) appearing for the Case

Grant Heath, pro se.

Earl Faircloth, Atty. Gen., David U. Tumin, Asst Atty. Gen., Tallahassee, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

Grant Heath appeals from the District Court's denial of habeas corpus relief after an evidentiary hearing. Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and accordingly the case is properly placed on the summary calendar under Fifth Circuit Rule 18.1 We affirm the...

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