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IMBLER v. STATE OF CALIFORNIA

No. 24884.

424 F.2d 631 (1970)

Paul K. IMBLER, Petitioner-Appellee, v. STATE OF CALIFORNIA, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 5, 1970.

Attorney(s) appearing for the Case

Thomas S. Karrigan, Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen. of California, Los Angeles, Cal., for appellant.

Roger S. Hamson, Woodland Hills, Cal., for appellee.

Before CHAMBERS, TUTTLE and BROWNING, Circuit Judges.

PER CURIAM:

The district court ordered petitioner-appellee's application for habeas corpus granted unless the State instituted proceedings to retry petitioner within sixty days. Imbler v. Craven, 298 F.Supp. 795, 812 (C.D.Calif.1969). Respondent-appellant contends that the district court failed to give the factual findings of the state court (see In re Imbler, 60 Cal.2d 554,

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