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TURNBOW v. BETO

No. 72-1761.

464 F.2d 527 (1972)

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

United States Court of Appeals, Fifth Circuit.

July 7, 1972.

Attorney(s) appearing for the Case

James Faldon Turnbow, pro se.

Crawford Martin, Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from the denial of Turnbow's third federal habeas corpus petition.1 The court below dismissed the petition on authority of 28 U.S.C. § 2244, finding that Turnbow had abused the writ of habeas corpus. Because we believe the pleadings filed below have raised a new ground for habeas relief, we vacate the judgment below and remand the cause for a determination of whether the contention was deliberately withheld...

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