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BAILLEAUX v. CUPP

No. 75-1074.

535 F.2d 543 (1976)

Paul R. BAILLEAUX, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

May 19, 1976.

Attorney(s) appearing for the Case

Charles N. Hilke (argued), Salem, Or., for appellant.

W. Michael Gillette (argued), Salem, Or., for appellees.

Before CHAMBERS and KILKENNY, Circuit Judges, and JAMESON, District Judge.

OPINION

KILKENNY, Circuit Judge:

Appellant appeals from an order of the district court denying, without a hearing, his petition for a writ of habeas corpus.

BACKGROUND

Appellant while serving a life sentence in the Oregon State Penitentiary pursuant to a judgment imposed in 1970, instituted in the state court a habeas corpus proceeding contending that he was unlawfully deprived of the status of a parolee by the Oregon State Board of Parole...

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