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McDANIEL v. SHERIFF OF DALLAS COUNTY

No. 30829 Summary Calendar.

445 F.2d 851 (1971)

Grover Cleveland McDANIEL, Petitioner-Appellant, v. SHERIFF OF DALLAS COUNTY and State of Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 1971.

Attorney(s) appearing for the Case

Grover C. McDaniel, pro se.

Henry Wade, Crim. Dist. Atty., Harry J. Schulz, Jr., Asst. Dist. Atty., Dallas, Tex., for respondents-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM.

Grover Cleveland McDaniel, a former prisoner of the State of Texas, appeals from the district court's denial of his habeas corpus petition. We vacate and remand.

At the time the petition was filed below, the appellant's direct appeal was pending in the Texas Court of Criminal Appeals. For this reason the district court denied relief for failure to exhaust state remedies in compliance with the provisions of 28 U.S.C.A. § 2254, but granted a...

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