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ALLEN v. CUPP

No. 24297.

426 F.2d 756 (1970)

Jack R. ALLEN, Plaintiff-Appellee, v. Hoyt C. CUPP, Warden, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 28, 1970.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen. (argued), Lee Johnson, Atty. Gen. of Oregon, Salem, Or., for defendant-appellant.

Howard R. Lonergan (argued), Portland, Or., for plaintiff-appellee.

Before DUNIWAY, WRIGHT and TRASK, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Jack R. Allen, represented by retained counsel, sought a writ of habeas corpus from his Oregon State confinement on two burglary convictions. His application alleged that both convictions were based on a confession which was the product of an illegal arrest. Following the warden's return and answer to the order to show cause, a pretrial order and stipulation were entered into admitting, as exhibits, the transcripts of petitioner's...

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