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VAN EATON v. WAINWRIGHT

No. 73-2888.

508 F.2d 849 (1975)

Richard VAN EATON, Jr., A-004413, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Adult Corrections, State of Florida, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 27, 1975.

Attorney(s) appearing for the Case

Paul T. Marks, Tampa, Fla. (Court-appointed), for petitioner-appellant.

Richard C. Booth, Asst. Atty. Gen., Warren H. Peterson, Asst. St. Atty., Davis G. Anderson, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

RIVES, Circuit Judge:

This appeal was argued and submitted on the same day as McCloud v. Wainwright, 5 Cir. 1975, 508 F.2d 853, also decided today. The two cases present for decision similar, if not identical, questions of law. Each appellant is a Florida State prisoner who, having exhausted his state remedies, filed in a federal district court a petition for habeas corpus which was denied on the grounds that, by his failure to object...

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