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TURNER v. CHAVEZ

No. 78-1181.

586 F.2d 111 (1978)

Horace B. TURNER, Petitioner-Appellant, v. Abe CHAVEZ, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 9, 1978.

Attorney(s) appearing for the Case

William O. Fisher (argued), San Francisco, Cal., for petitioner-appellant.

William D. Stein, Atty. (argued), San Francisco, Cal., for respondent-appellee.

Before BROWNING and HUG, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM:

Turner appeals from an order denying his petition for a writ of habeas corpus, in which he challenged the constitutionality of two convictions for forcible rape entered against him. The district court concluded that the petition failed to adequately present disputed questions of fact which would require either an evidentiary hearing or a review of the record for procedural fairness. It conclusively appears that the decision of the district court was based...

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