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DOLACK v. ALLENBRAND

Nos. 76-1392, 76-1393.

548 F.2d 891 (1977)

Henry John DOLACK, Appellant, Cross-Appellee, v. Fred ALLENBRAND, Sheriff of Johnson County, Kansas, et al., Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 24, 1977.

Attorney(s) appearing for the Case

David J. Waxse of Payne & Jones, Olathe, Kan., for appellant, cross-appellee.

Roger M. Theis, Asst. Atty. Gen., Topeka (Curt T. Schneider, Atty. Gen. of Kan., Topeka, Kan., with him on the brief), for appellees, cross-appellants.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from a dismissal of appellant's petition for a writ of habeas corpus.

The petitioner is being held for trial on charges by the State of Kansas. The Kansas trial court held, in substance, in pretrial proceedings, that petitioner's rights had been violated by a failure to promptly appoint an attorney to defend him. The Kansas Supreme Court, however, reversed and remanded the case for trial. State v. Dolack,

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