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LAYTON v. CARSON

No. 73-1913 Summary Calendar.

479 F.2d 1275 (1973)

Mary LAYTON and Stanley Gregory Walker, etc., Petitioners-Appellants, v. Dale CARSON, as Sheriff of Duval County, Fla., et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 1973.

Attorney(s) appearing for the Case

Deitra Micks, Duval County Legal Aid Assoc., Jacksonville, Fla., for petitioners-appellants.

Charles W. Arnold, Jr., First Asst. State Atty., Jacksonville, Fla., Reeves Bowen, Asst. Deputy Atty. Gen., Dept. of Legal Affairs, for respondents-appellees.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from a dismissal by the district court of a habeas corpus petition for failure to exhaust state remedies. We conclude that it would be futile for the appellants to apply for relief in the state courts. Accordingly, we reverse the judgment of the district court and remand the case for further proceedings.

The appellants, Mary Layton and Stanley Walker, were convicted of shoplifting in a Florida Justice of the Peace

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