Court of Appeals for the Fifth Circuit May 17, 1973, 72-3114 (Otis Minafee v. Clarence Jones, Sheriff, Dallas County Jail, Texas)

PER CURIAM:

In this habeas corpus proceeding involving a Texas state conviction for robbery with firearms, appellees state in their brief to this Court that they were not required by the district court to respond to appellant’s application for habeas corpus and did not make an appearance in district court. They agree that the case is governed by our prior holding in Gerzin v. Beto, 5 Cir.