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PHILLIPS v. PITCHESS

No. 26394.

451 F.2d 913 (1971)

Marvin PHILLIPS, Petitioner-Appellant, v. Peter J. PITCHESS, Sheriff, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 20, 1971.

Attorney(s) appearing for the Case

John R. Sheehan (argued), Burbank, Cal., Frank O. Walther (argued), Haverford, Pa., for petitioner-appellant.

Russell Iungerich (argued), Evelle J. Younger, Cal. Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Before BARNES, BROWNING and TRASK, Circuit Judges.

BARNES, Circuit Judge:

This is an appeal from an order denying and dismissing appellant's petition for a writ of habeas corpus.

We are satisfied that the appeal has no merits. We adopt the carefully prepared and reasoned order of the District Court Judge as the opinion of this Court. It is appended hereto and made a part hereof as Exhibit "A".

The judgment is affirmed, except that rejection of petitioner's fifth contention is affirmed only on the ground...

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