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DUNCAN v. MADIGAN

No. 16556.

278 F.2d 695 (1960)

John D. DUNCAN, Appellant, v. Paul J. MADIGAN, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Ninth Circuit.

May 16, 1960.

Attorney(s) appearing for the Case

Robert L. Harmon, San Francisco, Cal., for appellant.

Lynn J. Gillard, U. S. Atty., John Kaplan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before POPE, JERTBERG and KOELSCH, Circuit Judges.

PER CURIAM.

Appellant, convicted of a criminal offense in a court of the State of Maine, is a prisoner at Alcatraz federal prison where he is held pursuant to a contract between that state and the United States, executed under the authority of 18 U.S.C. § 5003, which provides in pertinent part as follows:

"(a) The Attorney General, when the Director shall certify that proper and adequate treatment facilities and personnel are available, is hereby authorized...

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