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TILLERY v. WEITZENFELD

No. 73-2632 Summary Calendar.

490 F.2d 179 (1974)

Larry L. TILLERY, #28355-120, Petitioner-Appellant, v. Richard W. WEITZENFELD, as Sheriff of Manatee County, Florida, et al., etc., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 20, 1974.

Attorney(s) appearing for the Case

Robert H. MacKenzie, Tampa, Fla. (Court-appointed), for petitioner-appellant.

John J. Blair, State's Atty., Bradenton, Fla., Richard W. Seymour, Sarasota, Fla., for respondents-appellees.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

We find ourselves, because of an incomplete record and summary disposition below, unable to rule in this appeal and accordingly vacate the district court order denying a petition for writ of habeas corpus and remand for further proceedings.

After being charged, convicted for breaking and entering and sentenced to a term of five years in state confinement by a Florida court in Manatee County on July 12...

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