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RUMBAUGH ON BEHALF OF RUMBAUGH v. McKASKLE

No. 83-1161.

730 F.2d 291 (1984)

Harvey and Rebecca RUMBAUGH, Individually, and as Next Friends acting on Behalf of Charles RUMBAUGH, Petitioners-Appellants, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1984.

Attorney(s) appearing for the Case

Will Gray, Carolyn Garcia, Houston, Tex., for Harvey and Rebecca Rumbaugh.

Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before CLARK, Chief Judge, GOLDBERG and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Presently pending before this court is the appeal of Harvey and Rebecca Rumbaugh from the decision of the district court, Rumbaugh v. Estelle, 558 F.Supp. 651 (N.D.Tex.1983), which denied their application to present a next friend petition for a writ of habeas corpus on behalf of their son, Charles Rumbaugh, a death-sentenced state prisoner. Charles Rumbaugh refused to seek federal habeas review of...

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