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M'CLARY v. CALIFORNIA ADULT AUTHORITY, CAL. DEPT. OF COR.

No. 72-1319.

466 F.2d 1122 (1972)

Charles G. M'CLARY, Petitioner-Appellant, v. CALIFORNIA ADULT AUTHORITY, CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 28, 1972.

Attorney(s) appearing for the Case

Robert W. Peterson, University of Santa Clara Law School, Santa Clara, Cal., for appellant.

Evelle J. Younger, Atty. Gen., Herbert L. Ashby, Chief Asst. Atty. Gen., Karl J. Usbel, Robert R. Granucci, Deputy Attys. Gen., Doris H. Maier, Asst. Atty. Gen., San Francisco, Cal., for appellee.

Before HAMLEY, BROWNING and CHOY, Circuit Judges.

HAMLEY, Circuit Judge:

In this habeas corpus proceeding Charles G. M'Clary, a California state prisoner, seeks release from penal custody on the ground that respondent California Adult Authority (Authority) revoked his parole in proceedings which denied him his rights under the Sixth and Fourteenth Amendments. Specifically, M'Clary urges that the Authority: (1) acted upon the basis of false and insubstantial information; and (2) denied him the right to be represented...

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