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TOOKER v. STATE OF MONTANA

No. 26231.

456 F.2d 262 (1971)

Albert J. TOOKER, Appellant, v. STATE OF MONTANA and W. J. Estelle, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

October 14, 1971.

Attorney(s) appearing for the Case

Albert J. Tooker, in pro. per.

Robert L. Woodahl, Montana Atty. Gen., J. C. Weingartner, Patrick J. Brophy, Asst. Attys. Gen., Helena, Mont., for appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and McNICHOLS, District Judge.

PER CURIAM:

The order dismissing Tooker's petition for habeas corpus is affirmed.

Tooker has had an evidentiary hearing in the state district court on most of the issues which the federal district court has determined not to disturb. Tooker v. Estelle, decided June 5, 1970, 332 F.Supp. 245.

The deposition point is precluded by Barber v. Page, 390 U.S. 719, 88 S.Ct. 1318, 20 L.Ed...

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