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WILLETT v. STATE

No. 77-1123 Summary Calendar.

586 F.2d 1080 (1978)

James W. WILLETT, Petitioner-Appellant, v. STATE OF GEORGIA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1978.

Attorney(s) appearing for the Case

Myron K. Allenstein, Gadsden, Ala., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, Asst. Atty. Gen., John C. Walden, Asst. Atty. Gen., Robert S. Stubbs, II, Exec. Asst. Atty. Gen., Richard L. Chambers, 1st Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

It appears that petitioner, a state prisoner seeking habeas corpus, did not exhaust in state court his claim that the state knowingly concealed evidence favorable to him. The district court, therefore, correctly dismissed his petition on the ground of failure to exhaust. Galtieri v. Wainwright, 582 F.2d 348 (CA5, 1978) (en banc).

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