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UNITED STATES v. DOWD

No. 12600.

271 F.2d 292 (1959)

UNITED STATES of America ex rel., Forrest Eugene SMITH, Petitioner-Appellant, v. Alfred F. DOWD, as Warden of Indiana State Prison, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

October 20, 1959.

Attorney(s) appearing for the Case

Jerry P. Belknap, William P. Wooden, Indianapolis, Ind., for appellant.

John A. Pushor, Deputy Atty. Gen., Edwin K. Steers, Atty. Gen., Merl M. Wall, Asst. Atty. Gen., for respondent-appellee.

Before HASTINGS, Chief Judge, and PARKINSON and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

The appellant Forrest Eugene Smith, hereinafter referred to as petitioner, filed a petition for a writ of habeas corpus in the District Court charging that his imprisonment in the Indiana State Prison is in violation of the Thirteenth and Fourteenth Amendments to the United States Constitution. The respondent, Alfred F. Dowd, Warden, filed a motion to dismiss the petition asserting it failed to state grounds on which relief can be granted. The...

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