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THOMAS v. WYRICK

No. 79-2046.

622 F.2d 411 (1980)

Charles Lee THOMAS, Petitioner-Appellant, v. Donald W. WYRICK et al., Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 13, 1980.

Attorney(s) appearing for the Case

Andrew F. Puzder, St. Louis, Mo., for petitioner-appellant.

Kathryn Marie Krause, Asst. Atty. Gen., Jefferson City, Mo. (argued), and John Ashcroft, Atty. Gen., Jefferson City, Mo., on brief, for respondents-appellees.

Before HEANEY and ARNOLD, Circuit Judges, and WRIGHT, District Judge.

ARNOLD, Circuit Judge.

This is a petition for habeas corpus brought by Charles Lee Thomas, a state prisoner now serving a sentence of 55 years for second-degree murder. The District Court dismissed the petition without prejudice for failure to exhaust presently available state remedies. We vacate and remand for further proceedings to be described later in this opinion.

Thomas was charged with murder in the Circuit...

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