BARRY v. SIGLER

No. 18534.

373 F.2d 835 (1967)

Loren E. BARRY, Appellant, v. Maurice SIGLER, Warden, Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 13, 1967.


Attorney(s) appearing for the Case

Loren E. Barry, pro se, Roger Clark West, Des Moines, Iowa, on the brief, for appellant.

Clarence A. H. Meyer, Atty. Gen., and Richard H. Williams, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before MATTHES, LAY and HEANEY, Circuit Judges.


PER CURIAM.

Appellant under state custody appeals from a denial of writ of habeas corpus by the federal district court. The district court ruled that appellant had failed to exhaust his state remedies under the Nebraska post-conviction statute, §§ 29-3001 to 29-3004 Neb.Rev.Stat.Supp.1965. The Honorable Robert Van Pelt granted a certificate of probable cause for appeal, particularly upon the ground that appellant raises questions of the lower court's partiality...

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