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KELLEY v. SWENSON

No. 72 C 498 (2).

376 F.Supp. 20 (1974)

Robert KELLEY, Petitioner, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Respondent.

United States District Court, E. D. Missouri, E. D.

April 29, 1974.

Attorney(s) appearing for the Case

Richard D. Schreiber, Clayton, Mo., for petitioner.

John C. Danforth, Atty. Gen., State of Missouri, Richard S. Paden, Asst. Atty. Gen., Jefferson City, Mo., for respondent.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

On petitioner's appeal from our order denying without prejudice habeas corpus relief for failure to exhaust state remedies, the Court of Appeals remanded the case with direction to vacate the dismissal and hear the habeas corpus petition on the merits.

Following the remand, we appointed counsel for petitioner and (although not mandated by the Court of...

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