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ANDERSON v. BETO

No. 71-1475.

456 F.2d 1303 (1972)

James Charles ANDERSON, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 7, 1972.

Attorney(s) appearing for the Case

James C. Anderson, pro se.

Crawford C. Martin, Atty. Gen. of Texas, Howard M. Fender, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The opinion of this Court dated January 21, 1972 is withdrawn. Immediately prior to the issuance of this opinion the petitioner-appellant lodged with the Clerk of this Court copies of papers assertedly filed in the District Court of Dallas County, Texas and in the Texas Court of Criminal Appeals, which sought habeas corpus relief on substantially the identical bases advanced in the present United States District Court...

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