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NAPLES v. MAXWELL

No. 16823.

368 F.2d 219 (1966)

Joseph NAPLES, Petitioner-Appellee, v. E. L. MAXWELL, Warden, Ohio Penitentiary, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

November 4, 1966.

Attorney(s) appearing for the Case

David L. Kessler, Asst. Atty. Gen., Columbus, Ohio (William B. Saxbe, Atty. Gen., Columbus, Ohio, on the brief), for appellant.

Hubert D. Lappen, Logan, Ohio, and Dan W. Duffy, Cleveland, Ohio, for appellee.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal by the State of Ohio on behalf of E. L. Maxwell, Warden, Ohio Penitentiary, respondent-appellant, from an order of the United States District Court, for the Southern District of Ohio, denying the motion of the respondent to vacate an order granting the petition of Joseph Naples, petitioner-appellee, for a writ of habeas corpus.

The petition was properly filed in the District Court after...

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