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JOHNSTON v. UNITED STATES

No. 622-69.

424 F.2d 505 (1970)

William Reece JOHNSTON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 17, 1970.

Attorney(s) appearing for the Case

William L. Panagulis for plaintiff-appellant.

Richard Oxandale, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief), for defendant-appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant Johnston was convicted in 1957 of bank robbery and the conviction was affirmed. Johnston v. United States, 10 Cir., 260 F.2d 345, cert. denied 360 U.S. 935, 80 S.Ct. 1454, 4 L. Ed.2d 1547. This is his seventh application for post-conviction relief.

The first was in 1960 on the ground that the trial judge was improperly assigned to the District of Kansas. It was denied and no appeal taken...

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