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MINOR v. CUPP

No. 71-1521.

466 F.2d 1369 (1972)

Steve MINOR, Petitioner-Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 25, 1972.

Certiorari Denied January 8, 1973.

Attorney(s) appearing for the Case

Donald S. Britt (argued), San Francisco, Cal., for petitioner-appellant.

John H. Clough, Asst. Atty. Gen. (argued), James A. Sanderson, Asst. Atty. Gen., John W. Osburn, Sol. Gen., Lee Johnson, Atty. Gen., Salem, Or., for respondent-appellee.

Before HAMLEY and HUFSTEDLER, Circuit Judges, and MUECKE, District Judge.

Certiorari Denied January 8, 1973. See 93 S.Ct. 926.

PER CURIAM:

Steve Minor, a prisoner of the state of Oregon, filed this application for a writ of habeas corpus. The district court denied the application on the ground that Minor had deliberately by-passed his state remedies. On appeal Minor argues that, under the circumstances, he was justified in bypassing his state remedies. We hold this argument to be without merit, and affirm.

An Oregon court...

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