(concurring)—I concur in the dismissal of the present petition for a writ of habeas corpus. I cannot, however, concur in or subscribe to all of the reasons given therefor by either Judges Donworth or Hale. My reasons, briefly, are:
(1) Petitioner, by his allegations in support of his application for a writ of habeas corpus, raises primarily federal questions; that is, he asserts substantial infringements of rights guaranteed by the United States Constitution.
(2) While we have jurisdiction and responsibility, in common with the federal courts, to determine such questions in appropriate direct or collateral proceedings, petitioner has, by his pending petition in the United States District Court, sought to invoke the jurisdiction of the federal judiciary.
(3) The rule of exhaustion of state remedies, as propounded in 28 U.S.C.A. § 2254, does not, in my opinion, require petitioner, after exhausting his state appellate remedies, to repeatedly challenge the judgment and sentence *726by a series of collateral attacks in state courts before being entitled to invoke the jurisdiction of the federal courts. See McBee v. Bomar, 296 F. (2d) 235 (6th Cir. 1961); In re Thompson’s Petition, 301 F. (2d) 659 (3d Cir. 1962); Mills v. Tinsley, 314 F. (2d) 311 (10th Cir. 1963); United States ex rel. Everett v. Murphy, 329 F. (2d) 68 (2d Cir. 1964).
(4) The federal court, since its jurisdiction has been invoked, may conduct its own evidentiary hearing if it be dissatisfied with the evidentiary hearings heretofore afforded by the state. Fay v. Noia, 372 U. S. 391, 9 L. Ed. (2d) 837, 83 S. Ct. 822 (1963); Townsend v. Sain, 372 U. S. 293, 9 L. Ed. (2d) 770, 83 S. Ct. 745 (1963).
With these thoughts in mind, it appears to me that comity strongly suggests, if it does not demand, that we defer to the invoked jurisdiction of the federal court and allow it to proceed with its disposition of the petition before it without the intervention or delay of additional state court hearings. Neither society, the orderly administration of criminal justice, nor the dignity of the state and federal judicial systems stand to gain by an Alphonse and Gaston approach in bouncing the “evidentiary hearing ball” back and forth. Only delay, duplication, and disrespect for our system of justice can result.
I would, accordingly, deny the request for an order of reference and dismiss the petition now pending before us.