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HART v. EYMAN

No. 26347.

458 F.2d 334 (1972)

Charles E. HART, Petitioner-Appellee, v. Frank EYMAN, Warden, Arizona State Prison, State of Arizona, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

As Modified April 21, 1972.

Certiorari Denied June 12, 1972.

Attorney(s) appearing for the Case

Roderick A. Dietz (argued), Gary K. Nelson, Ariz. Atty. Gen., William P. Dixon, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellants.

Richard A. Miller (argued), Philip F. Schneider, of Fennemore, Craig, Von Ammon & Udall, Phoenix, Ariz., for petitioner-appellee.

Before HUFSTEDLER and TRASK, Circuit Judges, and HILL, District Judge:

Certiorari Denied June 12, 1972. See 92 S.Ct. 2441.

IRVING HILL, District Judge:

In this opinion, we consider the extent of the obligation of a state to provide to an incarcerated prisoner who has filed a habeas corpus petition in the federal court a reasonable substitute for the transcript of his trial when the court reporter's notes are lost. And we also consider the propriety of an order of a federal district judge in such a case which gives the state the...

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