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FELDER v. ESTELLE

No. 82-2025.

693 F.2d 549 (1982)

Sammie FELDER, Jr., Petitioner-Appellee, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 14, 1982.

Attorney(s) appearing for the Case

Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Peter Buscemi, Washington, D.C., Todd D. Stern, New York City, for petitioner-appellee.

Before THORNBERRY, JOHNSON and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

I. Introduction:

This is an appeal by the State of Texas from an order dismissing a prisoner's application for a writ of habeas corpus without prejudice in order to permit him to exhaust his state remedies. The State claims that the court below erred in refusing to accept the State's explicit waiver of the exhaustion of state remedies requirement. For the reasons outlined below, we reverse and remand.

II. Facts...

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