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SAUNDERS v. EYMAN

No. 75-3485.

600 F.2d 728 (1977)

Peter SAUNDERS, Petitioner-Appellant, v. Frank A. EYMAN, as Warden, Arizona State Prison, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

April 18, 1977.

Attorney(s) appearing for the Case

Tom Karas, Federal Public Defender, Tom O'Toole, Asst. Federal Public Defender, argued, Phoenix, Ariz., for petitioner-appellant.

Bruce E. Babbitt, Atty. Gen., Phoenix, Ariz., W. Michael Smith, Deputy Atty. Gen., Yuma, Ariz., argued, for respondents-appellees.

Before ELY and WALLACE, Circuit Judges, and CRARY, District Judge.

WALLACE, Circuit Judge:

Saunders, an Arizona state prisoner, filed a petition for habeas corpus seeking release from prison. Initially, the district court ordered that a writ should issue on Saunders behalf. The state appealed. We vacated the order and remanded the case for reconsideration in light of our intervening decision in Harris v. Procunier, 498 F.2d 576 (9th Cir.) (en banc), cert. denied, 419 U.S. 970, 95 S...

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