OPINION OF THE COURT
GARTH, Circuit Judge:
This case comes before us as an appeal of the district court's June 22, 1987 order which dismissed defendant George Campas' habeas corpus action as a delayed petition pursuant to Rule 9(a) governing 28 U.S.C. § 2254 cases. Because the record has now been augmented by post argument submissions, and among other issues, a question of exhaustion remains unresolved, we will vacate the district court's order and...
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