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RUTLEDGE v. SUNDERLAND

No. 78-1976.

671 F.2d 377 (1982)

Gary Michael RUTLEDGE, Petitioner-Appellee, v. Jerry SUNDERLAND, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Thomas A. Williams, Oklahoma City, Okl., for petitioner-appellee.

John Fischer, II, Asst. Atty. Gen. of Okl., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Okl., Oklahoma City, Okl., was also on the brief), for respondent-appellant.

Before HOLLOWAY, McWILLIAMS and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

Respondent appeals the grant, following remand, of a writ of habeas corpus to the...

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