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UNITED STATES EX REL. MILLER v. PATE

No. 17779.

429 F.2d 1001 (1970)

UNITED STATES of America ex rel. Lloyd Eldon MILLER, Jr., Petitioner-Appellee, v. Frank J. PATE, Warden, Respondent-Appellee, People of the State of Illinois, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

June 23, 1970.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Chicago, Ill., Joel M. Flaum, James R. Thompson, Thomas J. Immel, Asst. Attys. Gen., of counsel, for appellant.

George C. Pontikes, William R. Ming, Jr., Willard J. Lassers, Harry Golter, Robert M. Grossman, Chicago, Ill., Arthur Greenberg, Peoria, Ill., for appellee.

Before HASTINGS, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

PER CURIAM.

The critical issue on this appeal is whether the United States District Court for the Northern District of Illinois, having granted habeas corpus relief on an evidentiary matter to a prisoner of the State of Illinois, once convicted of the rape-murder of an eight-year-old girl, may at the same time issue a restraining order forever barring a retrial of the habeas corpus petitioner by the State of Illinois.

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