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AUSTIN v. WYRICK

No. 75-1886.

535 F.2d 443 (1976)

Wesley AUSTIN, Appellee, v. Donald WYRICK, Warden, Missouri State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1976.

Rehearing and Rehearing Denied June 10, 1976.

Attorney(s) appearing for the Case

Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., for appellant; John C. Danforth, Atty. Gen., Jefferson City, and Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, Mo., on brief.

Benjamin Roth, St. Louis, for appellee.

Before GIBSON, Chief Judge, and ROSS and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 1976.

PER CURIAM.

This state habeas corpus case has heretofore been before this court in Austin v. Swenson, 522 F.2d 168 (8th Cir. 1975). In that case, before Judges Lay, Stephenson and Webster, this court reversed the judgment of dismissal theretofore entered by the district court1 and ordered further proceedings consistent with the views...

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