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HAYWARD v. BRITT

No. 75-3669.

572 F.2d 1324 (1978)

Arthur HAYWARD, Jr., Appellant, v. Kenneth C. BRITT, Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1978.

Attorney(s) appearing for the Case

Marcus S. Topel (argued), San Francisco, Cal., for appellant.

Stan M. Helfman, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellee.

Before GOODWIN, WALLACE and HUG, Circuit Judges.

PER CURIAM:

Hayward petitioned for habeas corpus on the ground that he had inadequate counsel at his state trial for motor-vehicle theft. After an evidentiary hearing, the district court entered judgment denying the petition. The judgment was filed on September 11, 1975. On December 1, 1975, Hayward filed a motion for reconsideration of the judgment. Aware that his appeal time had run, he also requested that if his motion was denied the court vacate the original judgment...

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