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HILLIARD v. BETO

No. 72-1869.

494 F.2d 35 (1974)

L. D. HILLIARD, Petitioner-Appellant, v. Dr. George J. BETO, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 1974.

Attorney(s) appearing for the Case

Harry H. Walsh, Huntsville, Tex., William T. Armstrong, III, Staff Atty., Weldon, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., E. L. Hamilton, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

Following the panel's decision in Hilliard v. Beto, 5 Cir., 1972, 465 F.2d 829 the Court on its own motion took the case en banc. Upon further consideration the full Court remanded the case to the panel since even the most conservative reading of the factual allegations of petitioner's § 2254 complaint shows that he is claiming to be the victim of a broken plea bargain, but there has been no factual hearing to determine...

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