The following excerpt is from Daugherty v. Craven, 422 F.2d 6 (9th Cir. 1970):
From the information before us, it appears that the issue has not been presented to, or considered by, the California courts. The district court may hold the petition in abeyance for a reasonable time in order to afford the California courts the first opportunity to consider the issue. Compare Ney v. Oberhauser, 419 F.2d 828 (9th Cir. 1969).
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Notes:
* Hon. Warren J. Ferguson, United States District Judge, Los Angeles, California, sitting by designation.
Notes:
* Hon. Warren J. Ferguson, United States District Judge, Los Angeles, California, sitting by designation.
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