MEMORANDUM
URBOM, District Judge.
On January 29, 1971, the respondent filed a "Motion for Relief from Judgment" which contested this court's determination that the habeas applicant in this action should either be retried or released by the State of Nebraska in ninety days. The motion was filed pursuant to Rule 60(b) (6) of the Federal Rules of Civil Procedure. Respondent assigns four reasons why this court's January 19, 1971, judgment and order,
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