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ZUCK v. STATE OF ALA.

No. 78-2095.

588 F.2d 436 (1979)

Richard ZUCK, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 20, 1979.

Attorney(s) appearing for the Case

Hubert L. Taylor, Gadsden, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., Montgomery, Ala., Barry V. Hutner, Asst. Atty. Gen., Birmingham, Ala., for respondent-appellee.

Before GOLDBERG, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 20, 1979.

CHARLES CLARK, Circuit Judge:

An Alabama jury found Richard Zuck guilty of second degree murder and sentenced him to a prison term of forty years.1 Zuck appeals the denial of his federal habeas corpus petition. Because we find that Zuck's trial counsel had an unwaived conflicting interest which prevented constitutionally adequate representation, we reverse the district court...

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