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DEARINGER v. RHAY

No. 23776.

421 F.2d 1086 (1970)

Anthony Ellsworth DEARINGER, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 28, 1970.

Attorney(s) appearing for the Case

Anthony Ellsworth Dearinger, in pro. per.

John J. O'Connell, Atty. Gen., State of Washington, Olympia, Washington, for appellee.

Before BARNES, HAMLEY and KILKENNY, Circuit Judges.

HAMLEY, Circuit Judge.

The opinion filed herein on December 9, 1969, is withdrawn and, in lieu thereof, the opinion attached hereto is filed.

The petition for rehearing is denied.

This is an appeal from a district court order, entered without a hearing, denying an application for a writ of habeas corpus. The applicant, Anthony Ellsworth Dearinger, is serving a prison sentence at Washington State Penitentiary, following his conviction on May 3, 1967...

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