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McLAIN v. BETO

No. 72-1149 Summary Calendar.

458 F.2d 503 (1972)

Leonard L. McLAIN, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 1972.

Attorney(s) appearing for the Case

Ernest E. Figari, Jr., Dallas, Tex. (Court-appointed), for petitioner-appellant.

Crawford Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Robert Darden, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

For the second time we are called upon to consider the validity of habeas corpus proceedings with reference to Leonard L. McLain. Our prior decision is reported, McLain v. Beto, 5 Cir., 1971, 441 F.2d 703. We there affirmed the judgment of the District Court which had granted the writ and directed that McLain be released if not retried by the State of Texas within 120 days.

The judgment of the District Court, granting...

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