UNITED STATES EX REL. DURSO v. PATE

No. 68 C 1780.

299 F.Supp. 647 (1969)

UNITED STATES of America ex rel. Thomas DURSO and Michael Gargano, Petitioners, v. Frank J. PATE, Warden, Respondent.

United States District Court N. D. Illinois, E. D.

May 28, 1969.


Attorney(s) appearing for the Case

John J. Crown, Chicago, Ill., for petitioner, Thomas Durso.

Arthur J. O'Donnell, Chicago, Ill., for petitioner, Michael Gargano.

William J. Scott, Atty. Gen. of Illinois, and John M. Sorrentino, Asst. Atty. Gen., Chicago, Ill., for respondent, Frank J. Pate, Warden.


MEMORANDUM OPINION

PERRY, District Judge.

This matter comes on upon the petition for writ of habeas corpus by petitioners, Thomas Durso and Michael Gargano, the return to rule to show cause of respondent, Frank J. Pate, Warden, Illinois State Penitentiary, Joliet-Stateville Branch, and petitioners' answer to respondent's return.

In their petition, petitioners allege as follows:

"2. Petitioners are presently in custody in the Illinois State...

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