Court of Appeals for the Tenth Circuit October 5, 1970, 312-70_1 (Howard E. Leigh v. R. J. Gaffney, Warden, Kansas State Penitentiary, Lansing, Kansas)

PER CURIAM.

Leigh was notified that the court was considering summary affirmance and appellee thereafter filed a motion to affirm. Leigh was afforded an opportunity to file a memorandum addressing the merits of the cause and opposing summary affirmance, which he has done. He has also filed a motion for appointment of counsel and for oral argument. These motions are denied.