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CLARK v. HENDERSON

No. 72-1765 Summary Calendar.

465 F.2d 888 (1972)

Norman CLARK, Jr., Plaintiff-Appellee, v. C. Murray HENDERSON, Warden, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1972.

Attorney(s) appearing for the Case

Maurice R. Franks, Louise Korns, Asst. Dist. Attys., New Orleans, La., for defendant-appellant.

Norman Clark, Jr., pro se.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

This appeal by the State of Louisiana is from an unheralded federal court decree in a state prisoner habeas corpus case that the controversy be referred to the state habeas judge, with that judge, a non-party, being ordered to reconsider his ruling within sixty days and to inform the federal court of his findings and conclusions. We stayed the order pending appeal. Meanwhile, the federal decisional process with respect to the merits of the application...

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