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HERNANDEZ v. STATE OF NEVADA

No. 72-2363.

469 F.2d 1393 (1972)

Florencio P. HERNANDEZ, Plaintiff-Appellant, v. STATE OF NEVADA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 14, 1972.

Attorney(s) appearing for the Case

Morgan D. Harris, Jeffrey D. Sobel, Las Vegas, Nev., for plaintiff-appellant.

Robert List, Atty. Gen., Carson City, Nev., for defendant-appellee.

Before MERRILL, BROWNING and WALLACE, Circuit Judges.

PER CURIAM:

For the reasons set forth by the District Court in its order denying habeas corpus, we agree that under the circumstances of this case the pre-arrest photographic identification by an eye-witness played a negligible role in her in-court identification of appellant and that there was no substantial possibility of misidentification.1

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