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HOLLINGSHEAD v. WAINWRIGHT

No. 27526.

423 F.2d 1059 (1970)

Cleveland HOLLINGSHEAD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1970.

Attorney(s) appearing for the Case

Cleveland Hollingshead, appellant, pro se.

Earl Faircloth, Atty. Gen. of Florida, James Robert Yon, J. Christian Meffert, Asst. Attys. Gen., Tallahassee, Fla., for appellee.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Our per curiam opinion dated March 12, 1970, is withdrawn and the following corrected opinion is substituted therefor:

Hollingshead filed a petition for writ of habeas corpus in the district court below.1 The petition was denied without a hearing. The district court did not have the record of the trial court before it when it denied Hollingshead's petition.

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