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HUFFMAN v. ESTELLE

No. 75-3662 Summary Calendar.

536 F.2d 1106 (1976)

Arlice J. HUFFMAN and John F. Burns, Petitioners-Appellants, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 13, 1976.

Attorney(s) appearing for the Case

George A. Scharmen, II, Staff Counsel for Inmates, Huntsville, Tex., for petitioners-appellants.

Lonny F. Zweiner, Asst. Atty. Gen., Robert E. DeLong, Jr., Austin, Tex., for respondent-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

This is an appeal from the denial of habeas corpus relief to two Texas prisoners, and denial of leave to proceed as a class action on behalf of themselves and "all others similarly situated." Appellants contend that they were denied due process and equal protection of law when the Governor of Texas commuted their unconstitutional death sentences to 99 years imprisonment. In an appeal raising this same issue in an identical context, we have decided the...

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