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MELQUIST v. PATE

No. 16284.

398 F.2d 818 (1968)

Charles Leroy MELQUIST, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

July 24, 1968.

Attorney(s) appearing for the Case

John Powers Crowley, Joseph E. McHugh, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., of Illinois, Robert F. Nix, Asst. Atty. Gen., Chicago, Ill., William V. Hopf, State's Atty., of DuPage County, Ill., Wheaton, Ill., for respondent-appellee; John J. O'Toole, Asst. Atty. Gen., Edward W. Kowal, Asst. State's Atty., of DuPage County, of counsel.

Before SCHNACKENBERG, SWYGERT and FAIRCHILD, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Charles Leroy Melquist, petitioner (also described as "defendant"), has appealed1 from an order of the district court entered September 16, 1965 which denied his petition for writ of habeas corpus filed September 10, 1965, as amended.

In this court, counsel for both parties hereto agree with the following statement of facts:

As a result of a telephone call, defendant went to the Addison Police...

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