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STRAUSS v. SMITH

Nos. 16881, 17203.

417 F.2d 132 (1969)

Robert L. STRAUSS, Petitioner-Appellant, v. P. G. SMITH, Warden U. S. Penitentiary, Terre Haute, Indiana, and Joseph Shore, United States Parole Board, et al., Respondents-Appellees. Robert L. STRAUSS, Petitioner, v. Honorable S. Hugh DILLIN, U. S. District Judge, Respondent.

United States Court of Appeals Seventh Circuit.

September 8, 1969.

Attorney(s) appearing for the Case

Elmer Gertz, Wayne B. Giampietro, Chicago, Ill., for petitioner-appellant.

K. Edwin Applegate, U. S. Atty., Joel M. Friedman, Asst. U. S. Atty., Indianapolis, Ind., for respondents-appellees.

Before MAJOR, Senior Circuit Judge, and SWYGERT and KERNER, Circuit Judges.

KERNER, Circuit Judge.

The petitioner, Robert Strauss, filed two applications for a writ of habeas corpus in the district court, one on November 9, 1967 and the other on July 29, 1968. In No. 16881 the application for a writ was denied and petitioner appeals. In No. 17203 petitioner sought to mandamus Judge Dillin for failure to act on his second application for a writ. Subsequently, Judge Dillin denied petitioner's application for a writ of habeas corpus and the...

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