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DIXON v. CALDWELL

No. 72-2644 Summary Calendar.

471 F.2d 767 (1972)

Tommie (Tom) DIXON, Petitioner-Appellant, v. E. B. CALDWELL, Jr. Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 27, 1972.

Attorney(s) appearing for the Case

Michael Russ, Atlanta, Ga. (Court Appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Daniel I. MacIntyre, Courtney Wilder Stanton, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal from the denial of a petition for a writ of habeas corpus. The United States District Court for the Middle District of Georgia denied the petition without conducting an evidentiary hearing because it concluded that the merits of petitioner's allegations were resolved in previous state court proceedings. 28 U.S.C.A. § 2254. We have independently studied the record, and finding...

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