Court of Appeals for the Sixth Circuit March 31, 1971, 20245_1 (Basil H. Rutter v. W. H. Wright, Assistant Deputy Warden, Etc.)

PHILLIPS, Chief Judge.

The question presented on this appeal is whether under the averments of the petition in this habeas corpus case Rut-ter, the petitioner, must exhaust his remedies under the Tennessee Post-Conviction Procedure ■ Act of 1967 before seeking federal habeas corpus relief. The District Court held that State remedies first must be exhausted.