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FITZGERALD v. BETO

No. 72-2459.

479 F.2d 420 (1973)

Otis Ray FITZGERALD, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent. Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted September 11, 1973.

Attorney(s) appearing for the Case

John L. Jeffers, Jr., Houston, Tex., court appointed, for petitioner-appellant.

John L. Hill, Atty. Gen., W. Barton Boling, Austin, Tex., for respondent-appellee.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

RIVES, Circuit Judge:

After exhausting all remedies available in the state courts, Fitzgerald, an inmate of the state prison at Huntsville, Texas, petitioned for habeas corpus in the federal district court. With interruptions by parole, Fitzgerald has served in the state prison since 1947. So far as the record reflects, he served continuously from March 22, 1954 until May 8, 1967, when he was paroled. His parole was revoked February 4, 1971, and he was returned to...

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