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FULLER v. WAINWRIGHT

No. 73-2384. Summary Calendar.

486 F.2d 1050 (1973)

Eddie FULLER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 1973.

Attorney(s) appearing for the Case

Eddie Fuller, pro se.

William W. Herring, Asst. Atty. Gen., Frank B. Kessler, West Palm Beach, Fla., for respondent-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Petitioner's habeas petition alleges constitutional defects the existence of which can only be adequately determined by examination of the state trial record, or should that prove fruitless, after an evidentiary hearing in the District Court. See Gerzin v. Beto, 459 F.2d 671 (CA5 1972). As we construe the order denying the petition—although we are not entirely free from doubt—it appears that the District...

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