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JENNINGS v. NESTER

No. 11234.

217 F.2d 153 (1954)

Talbot JENNINGS, Plaintiff-Appellant, v. Fremont NESTER, Edward Piotter, Larry Vodvarka, John S. Boyle, James A. Brown and John Phillips, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied January 3, 1955.

Attorney(s) appearing for the Case

Talbot H. Jennings, Joliet, Ill., for appellant.

John Gutknecht, State's Atty., Morre M. Peregrine, John J. Mortimer, Chicago, Ill., Gordon B. Nash, Meyer H. Goldstein, James C. Murray, Asst. State's Attys., L. Louis Karton, Arthur Magid, Assts. Corp. Counsel, Chicago, Ill., of counsel, for appellees.

Before FINNEGAN and SWAIM, Circuit Judges, and PLATT, District Judge.

SWAIM, Circuit Judge.

In 1948 the plaintiff, Talbot Jennings, was arrested, tried and convicted of a felony. He was sent to the Illinois State Penitentiary. Three years later he was granted a new trial under the Illinois Post-Conviction Hearing Act, S.H.A. ch. 38, § 826 et seq., reconvicted and sent back to prison where he is now incarcerated. See Jennings v. State of Illinois, 342 U.S. 104, 72 S.Ct. 123, 96 L.Ed. 119; People v...

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