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SPAULDING v. TAYLOR

No. 7576.

336 F.2d 192 (1964)

Travis O. SPAULDING, Appellant, v. J. C. TAYLOR, Warden, U. S. Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

September 1, 1964.

Attorney(s) appearing for the Case

Sheldon F. Goldberg, Denver, Colo., for appellant.

Benjamin E. Franklin, Kansas City, Kan., for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant Spaulding appeals from the trial court's denial of habeas corpus. He was convicted of a local crime in a territorial court of Alaska; and on appeal his conviction was affirmed.1 He is now confined in Leavenworth penitentiary in Kansas.

The first question is whether he may have habeas corpus relief. The government urges that the remedy under 28 U.S.C. § 2255 is exclusive.

Spaulding...

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