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McILVAINE v. HENDERSON

Misc. No. 1012.

300 F.Supp. 1104 (1969)

Daniel Edward McILVAINE v. C. Murray HENDERSON, Warden of Louisiana State Penitentiary.

United States District Court E. D. Louisiana, Baton Rouge Division.

June 25, 1969.

Attorney(s) appearing for the Case

Richard A. Dowling, New Orleans, La., for petitioner.

Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Jack Yelverton, Asst. Atty. Gen., State of Louisiana, James L. Alcock, Louise Korns, Asst. Dist. Attys., Parish of Orleans, for respondent.

WEST, Chief Judge:

On January 27, 1969, this Court rendered an opinion herein, which is reported at 295 F.Supp. 60, granting petitioner's application for the issuance of a writ of habeas corpus, reserving to the State of Louisiana the right to re-try petitioner, if it chooses to do so, in accordance with law, within a reasonable time, which time was set by the Court at sixty days. On February 7, 1969, the State of Louisiana, claiming...

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