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NEWLAND v. LANE

No. 17440.

418 F.2d 143 (1969)

Richard Jewell NEWLAND, Petitioner-Appellant, v. Ward LANE, Warden of Indiana State Prison Succeeded by George Phend since this cause was initiated, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

November 10, 1969.

Attorney(s) appearing for the Case

Dean E. Richards and James Manahan, Indianapolis, Ind., for petitioner-appellant.

John F. Davis, William F. Thompson, Deputy Attys. Gen., and Theodore L. Sendak, Atty. Gen. of Indiana, Indianapolis, Ind., for respondent-appellee.

Before KILEY, SWYGERT and CUMMINGS, Circuit Judges.

SWYGERT, Circuit Judge.

Richard Jewell Newland, a prisoner confined in the Indiana State Prison, appeals from an order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The sole issue is whether he was denied the equal protection of the laws in his application for post-conviction relief under Rules 2-40 and 2-40A of the Indiana Supreme Court. Upon a consideration of the allegations of the complaint, the district court held that...

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