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NAUGHTEN v. CUPP

No. 71-3065.

489 F.2d 734 (1974)

Hugh NAUGHTEN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

January 15, 1974.

Attorney(s) appearing for the Case

Ross R. Runkel (argued), Salem, Ore., for appellant.

Lee Johnson, Atty. Gen., Jim G. Russell, Asst. Atty. Gen., John W. Osburn, Sol. Gen. (argued), Salem, Ore., for appellee.

Before ELY and HUFSTEDLER, Circuit Judges.

OPINION ON REMAND

PER CURIAM:

In Naughten's original appeal to this court, the District Court's denial of his petition for habeas relief was reversed. 476 F.2d 845 (9th Cir. 1973). The appellee's petition for rehearing was denied by an equally divided vote of the twelve judges who then constituted this court. Thereafter, the appellee sought, and was granted, a writ of certiorari, and on December 4, 1973, the Supreme Court...

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