HUDSON v. CROUSE

No. 29-69.

420 F.2d 416 (1970)

Paul Gilbert HUDSON, Appellant, v. Sherman A. CROUSE, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

January 21, 1970.


Attorney(s) appearing for the Case

Hugh D. Rice of Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, Okl., for appellant.

Kent Frizzell, Atty. Gen. of Kansas and Edward G. Collister, Jr., Asst. Atty. Gen., Topeka, Kan., for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.


EUBANKS, District Judge.

This protracted and somewhat complicated case reaches us this time upon an unwarranted appeal from an order of the District Court that was essentially favorable to appellant. For reasons hereinafter stated we hold that Petitioner has failed to exhaust his state court remedies and his 2254 motion must be dismissed. Because it may be of some help in connection with anticipated future litigation we will outline certain facts and define the perimeter...

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