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WALLENS v. BUCHANAN

No. 64-769.

168 So.2d 687 (1964)

William R. WALLENS, Petitioner, v. T.A. BUCHANAN, Sheriff of Metropolitan Dade County, Respondent.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 1, 1964.

Attorney(s) appearing for the Case

Stephen F. Kessler, Miami, for petitioner.

Richard E. Gerstein, State Atty., Roy Wood, Asst. State Atty., and Sibley, Giblin, King & Levenson, Miami Beach, for respondent.

Before CARROLL, HORTON and HENDRY, JJ.

HENDRY, Judge.

This is an original proceeding in habeas corpus seeking to effectuate the discharge of petitioner from custody of the Sheriff-respondent. Petitioner alleges that he is being illegally detained under a sentence of the circuit court for contempt of court for failure to comply with an order of that court.

Petitioner was incarcerated by the respondent pursuant to the order of a circuit court which provided in pertinent part:

"It is, thereupon...

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