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KELLY v. DOWD

Nos. 8376, 8377.

140 F.2d 81 (1944)

KELLY v. DOWD, Warden (two cases).

Circuit Court of Appeals, Seventh Circuit.

Writ of Certiorari Denied March 6, 1944.

Attorney(s) appearing for the Case

Garfield J. Kelly, in pro. per.

James A. Emmert, Atty. Gen., Frank Hamilton, Cleon H. Foust, Frank E. Coughlin, and Joseph W. Hutchinson, Asst. Attys. Gen., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

Writ of Certiorari Denied March 6, 1944. See 64 S.Ct. 639.

LINDLEY, District Judge.

Petitioner's contention in cause 8377, that the District Court improperly dismissed his petition for a writ of habeas corpus, we think, can not be upheld. Despite his voluminous citation of authority and zealous argument, we see no escape from the rule announced by the Supreme Court in Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714...

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