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BADGER v. CARDWELL

No. 76-3703.

587 F.2d 968 (1978)

Fred Walking BADGER, formerly known as Fred Delvecchio, Plaintiff-Appellant, v. Harold J. CARDWELL, Superintendent, Arizona State Prison, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 18, 1978.

Attorney(s) appearing for the Case

Victor Aronow (argued), Tempe, Ariz., for plaintiff-appellant.

Galen H. Wilkes, Asst. Atty. Gen. (argued), Phoenix, Ariz., for defendant-appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and BURNS, District Judge.

Rehearing and Rehearing En Banc Denied December 18, 1978.

BURNS, District Judge:

The case is before us on appeal from a decision by the district court denying appellant's petition under 28 U.S.C. § 2254 for a writ of habeas corpus. Our jurisdiction stems from 28 U.S.C. §§ 1291 and 1294(1).

I. FACTS:

In 1972, appellant, Fred Walking Badger,1 and co-defendant, Jesse Bojorquez, were prisoners...

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