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BABBITZ v. McCANN

No. 70-C-221.

312 F.Supp. 725 (1970)

Sidney G. BABBITZ, M.D., Plaintiff, v. E. Michael McCANN, District Attorney of Milwaukee County, Herbert J. Steffes, Judge of the Circuit Court, Criminal Division, Milwaukee County, Defendants.

United States District Court, E. D. Wisconsin.

May 11, 1970.

Attorney(s) appearing for the Case

Nathaniel Rothstein, Milwaukee, Wis., for plaintiff.

E. Michael McCann, Dist. Atty., Milwaukee County, Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The plaintiff seeks the convening of a three-judge district court and an order enjoining a state criminal prosecution which is currently pending against him in the circuit court of Milwaukee county.

The plaintiff brought an earlier action, No. 69-C-548, in which he sought declaratory and injunctive relief against the same state prosecution of which he now complains. In that case, a three-judge district...

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