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THOMPSON v. GARRISON

No. 74-1483.

516 F.2d 986 (1975)

Artie G. THOMPSON, Appellant, v. Warden Sam P. GARRISON, Central Prison, Raleigh, North Carolina and State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1975.

Attorney(s) appearing for the Case

George K. Walker, Associate Professor of Law, Wake Forest University, Winston-Salem, N. C. [court-appointed counsel], and Christopher S. Crosby and Edwin L. Gavin, II, Law Students, appearing pursuant to Rule 13, for appellant.

Richard N. League, Asst. Atty. Gen. (James H. Carson, Jr., Atty. Gen. of North Carolina, on brief), for appellees.

Before CRAVEN, BUTZNER and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge:

Artie Gilbert Thompson, a North Carolina prisoner, appeals from a judgment denying his petition for a writ of habeas corpus without a federal evidentiary hearing. On the basis of the record in his state post-conviction proceeding, the district court rejected his claim that his conviction had been procured by perjured testimony. Thompson contends the district court should have held a full evidentiary hearing and granted immunity to the alleged...

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