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BRYANT v. WAINWRIGHT

No. 75-4117 Summary Calendar.

528 F.2d 985 (1976)

Bobby Allen BRYANT, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1976.

Attorney(s) appearing for the Case

Bobby Allen Bryant, pro se.

Arthur Joel Berger, Asst. Atty. Gen., Miami, Fla., for defendant-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Appellee's motion to dismiss on the basis that the notice of appeal was not timely filed is denied. Appellant contends that the district court erred in denying his habeas corpus petition without an evidentiary hearing. As grounds appellant alleges that: (1) he was unconstitutionally resentenced to life imprisonment when his death sentence was set aside; (2) his counsel's failure to challenge the petit jury did...

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