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FITZGERALD v. WAINWRIGHT

No. 29493.

440 F.2d 1049 (1971)

Julian R. FITZGERALD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1971.

Attorney(s) appearing for the Case

Britt Whitaker, court appointed, Tampa, Fla., for petitioner-appellant.

Earl Faircloth, Atty. Gen., Tallahassee, Fla. Morton J. Hanlon, P. A. Pacyna, Asst. Attys. Gen., Lakeland, Fla., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, TUTTLE and GODBOLD, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellant, Fitzgerald, appeals from the District Courts' denial of his writ of habeas corpus, without an evidentiary hearing, by which Appellant seeks relief from his Florida state convictions of breaking and entering and possession of burglary tools. After appointing counsel to assist Appellant in his appeal, the Florida Courts affirmed his conviction. Fitzgerald v. State, Fla.App., 1967, 203 So.2d 511

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