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JAMES v. COPINGER

Nos. 12474, 13024.

441 F.2d 23 (1971)

Robert JAMES, Appellant, v. Roger B. COPINGER, Warden, Maryland Penitentiary, Appellee. Matthew Mack CALLAHAN, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

April 20, 1971.

Attorney(s) appearing for the Case

Irvin B. Nathan, Washington, D. C. (court-assigned counsel), for appellants.

Francis B. Burch, Atty. Gen., of Md., and Alfred J. O'Ferrall, III, Asst. Atty. Gen., for appellee in No. 12474.

Andrew P. Miller, Atty. Gen., of Va. and Reno S. Harp, III, Deputy Atty. Gen., for appellee in No. 13024.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges, on resubmission.

CRAVEN, Circuit Judge:

Robert James and Matthew Mack Callahan have petitioned for rehearing after our abstention in favor of state court determination of the retroactivity of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). See, James v. Copinger, 428 F.2d 235 (4 Cir., 1970). Petitioner James urges that the law in Maryland is already settled against applying Pearce

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