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McCUSKER v. CUPP

No. 73-3057.

506 F.2d 459 (1974)

Bernard G. McCUSKER, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 15, 1974.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, Or., for petitioner-appellant.

Scott McAlister, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before TRASK and SNEED, Circuit Judges, and GRAY, District Judge.

OPINION

PER CURIAM:

Bernard G. McCusker appeals from a denial of his petition for a writ of habeas corpus. The petition raised questions of law and of fact which the parties stipulated required an evidentiary hearing.

The matter was referred to a United States magistrate who proceeded to conduct an evidentiary hearing and thereafter filed a Recommendation that the petition be denied. It was dated June 29, 1973. To it was attached an Order signed...

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