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LOSIEAU v. SIGLER

No. 19693.

421 F.2d 825 (1970)

Robert William LOSIEAU, Appellee, v. Maurice H. SIGLER, Warden, Nebraska Penal Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied March 5, 1970.

Attorney(s) appearing for the Case

Melvin K. Kammerlohr, Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for appellant; Clarence A. H. Meyer, Atty. Gen., on the brief.

J. Patrick Green, of Eisenstatt, Higgins, Miller & Kinnamon, Omaha, Neb., on brief for appellee.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

The State of Nebraska appeals from a conditional order of the district court issuing a writ of habeas corpus.1 Petitioner asserted, in support of his habeas corpus petition, that his conviction in the state district court for breaking and entering was based upon illegally seized evidence. The State of Nebraska, in resisting the petition, asserted that Losieau had given consent to the search. Additionally, the state...

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