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SWEET v. CUPP

Nos. 79-2693, 80-3104.

640 F.2d 233 (1981)

Earl L. SWEET, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee. James Arthur HENDERSON, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Gregory J. Christensen, Corvallis, Or., for petitioner-appellant.

Thomas H. Denny, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before HUG and REINHARDT, Circuit Judges, and SMITH, District Judge.

REINHARDT, Circuit Judge:

Earl L. Sweet and James A. Henderson, state prisoners, appeal from the district court's dismissal of their petitions for writs of habeas corpus. Each raises an equal protection challenge to his state conviction. The district court rejected their constitutional claims on the merits. We do not reach the merits. Rather, we affirm the judgments of the district court for the reason that Sweet and Henderson failed to exhaust their state remedies...

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