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HEINZ v. McNUTT

No. 77-2632.

582 F.2d 1190 (1978)

Gordon Franklin HEINZ, Petitioner-Appellee, v. Harlan McNUTT, as successor to Charles Morris as Secretary of State of Washington State Department of Social and Health Services, Bruce Johnson, Jack Berry, Eugene Corr, George Johnson, Ross Peterson and Helen Radcliff, Members of the State Board of Prison Terms and Paroles, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 2, 1978.

Attorney(s) appearing for the Case

Nate D. Mannakee, Asst. Atty. Gen. (argued), Olympic, Wash., for respondents-appellants.

John H. Hertog, Jr. (argued), Walla Walla, Wash., for petitioner-appellee.

Before HUFSTEDLER, WRIGHT and KENNEDY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Appellants, the Secretary of the State of Washington, the State Department of Social and Health Services, and members of the Washington Board of Prison Terms and Paroles (Parole Board) appeal from the district court's grant of Heinz's petition for a writ of habeas corpus. We affirm.

FACTS

In 1962, Heinz was convicted of second degree burglary and sentenced to 15 years imprisonment. He was released on parole in 1974...

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