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THOMAS v. ESTELLE

No. 77-2857.

582 F.2d 939 (1978)

Edgar THOMAS, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Walter C. Prentice, David M. Kendall, Jr., Joe B. Dibrell, Jr., Asst. Attys. Gen., Chief, Enforcement Div., Douglas M. Becker, Austin, Tex., for respondent-appellant.

Edgar Thomas, pro se.

Ken Anderson, Staff Counsel for Inmates, Texas Dept. of Corrections (Court-appointed), Frank Blazek, Huntsville, Tex., for petitioner-appellee.

Before GEWIN, RONEY and GEE, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal from an order granting habeas corpus relief to Edgar Thomas who had been convicted of murder with malice in 1970 and sentenced to 99 years in the Texas Department of Corrections. The district court granted relief, without a hearing, based on the determination of the U. S. Magistrate that Thomas was denied his right of confrontation.

Appellant contends the court erred by failing to conduct an evidentiary hearing,

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