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MINAFEE v. JONES

No. 72-3114. Summary Calendar.

476 F.2d 1288 (1973)

Otis MINAFEE, Petitioner-Appellant, v. Clarence JONES, Sheriff, Dallas County Jail, Texas, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 17, 1973.

Attorney(s) appearing for the Case

E. Eldridge Goins, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Henry Wade, Crim. Dist. Atty., John B. Tolle, Asst. Dist. Atty., Dallas, Tex., John L. Hill, Atty. Gen., Austin, Tex., for respondents-appellees.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

In this habeas corpus proceeding involving a Texas state conviction for robbery with firearms, appellees state in their brief to this Court that they were not required by the district court to respond to appellant's application for habeas corpus and did not make an appearance in district court. They agree that the case is governed by our prior holding in Gerzin v. Beto, 5 Cir., 1972, 459 F.2d 671, and aver that appellant...

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