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SLOAN v. WAINWRIGHT

No. 72-2353 Summary Calendar.

469 F.2d 390 (1972)

Bailey Lee SLOAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Adult Corrections Institution, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 15, 1972.

Attorney(s) appearing for the Case

Joseph V. Eskenazi, Federal Public Defender, Miami, Fla. (Court appointed not under Act), Richard M. Dunn, Asst. Federal Public Defender, Miami, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., J. Robert Olian, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

We review on appeal the district court's denial of a petition for writ of habeas corpus without an evidentiary hearing.1 Because the petitioner alleged facts that, if true, will entitle him to relief, and has never been afforded an evidentiary hearing on the contentions raised, we reverse and remand for such a hearing.

Petitioner-appellant, Bailey Lee Sloan, attacks his 15...

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