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BELL v. STATE OF KANSAS

No. 71-1128.

452 F.2d 783 (1971)

Application of Robert L. BELL, Petitioner-Appellant, v. STATE OF KANSAS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 5, 1972.

Attorney(s) appearing for the Case

John C. Humpage, Topeka, Kan. (Humpage & Stewart, Topeka, Kan., on the briefs), for petitioner-appellant.

Donald R. Hoffman, Asst. Atty. Gen. (Vern Miller, Atty. Gen., and Edward G. Collister, Jr., Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LEWIS, Chief Judge, and PHILLIPS and McWILLIAMS, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus, issued on the application of Bell by the United States District Court for the District of Kansas, an order dismissing the habeas corpus action, and an order denying Bell's petition for rehearing.

On February 2, 1968, a search warrant had been issued for a search of the premises at 2300 Adams Street, Topeka, Kansas, a house located thereon, and a truck believed...

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