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MILLER v. PATE

No. 13420.

300 F.2d 414 (1962)

Lloyd Eldon MILLER, Jr., Petitioner-Appellant, v. Frank J. PATE, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 9, 1962.

Attorney(s) appearing for the Case

George K. Meuth, Cuba, Ill., Donald Page Moore, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., William C. Wines, Asst. Atty. Gen., Raymond S. Sarnow, A. Zola Groves and Aubrey Kaplan, Asst. Attys. Gen., Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Lloyd Eldon Miller, Jr., petitioner, has appealed from an order of the district court dismissing a petition for a writ of habeas corpus, as amended, filed by petitioner, in which Frank J. Pate, warden of Stateville branch of the Illinois State Penitentiary, was named as respondent. From the amended petition it appears that petitioner is in the custody of respondent awaiting execution pursuant to judgment and sentence of the Circuit Court...

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