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GARDNER v. MCCARTHY

Nos. 74-1775, 72-2929.

503 F.2d 733 (1974)

Robert Newton GARDNER, Jr., Petitioner, Plaintiff and Appellant, v. D. J. McCARTHY, Superintendent, Respondent Appellee, Raymond K. Procunier et al., Defendants Appellees.

United States Court of Appeals, Ninth Circuit.

August 13, 1974.

Attorney(s) appearing for the Case

Jerald W. Newton (argued), Beverly Hills, Cal., for appellant.

Russell Iungerich, Deputy Atty. Gen. (argued), Los Angeles, Cal., for appellees.

Before CHAMBERS and CHOY, Circuit Judges, and McNICHOLS, District Judge.

OPINION

CHAMBERS, Circuit Judge.

In No. 74-1775, the Supreme Court vacated our earlier judgment affirming the refusal to grant a writ of habeas corpus and remanded the case for consideration in light of Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). Gardner v. Mc-Carthy, 412 U.S. 916, 93 S.Ct. 2737, 37 L.Ed.2d 142 (1973).

Gardner's parole was revoked in 1971, prior to the Supreme Court's decision...

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