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GRAY v. SWENSON

No. 20084.

430 F.2d 9 (1970)

Dan Westley GRAY, Appellant, v. Harold R. SWENSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied September 15, 1970.

Attorney(s) appearing for the Case

John E. Besser, Kansas City, Mo., for appellant; Alan L. Atterbury, and W. Anthony Feiock, Kansas City, Mo., on the brief.

Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, Mo., for appellee; John C. Danforth, Atty. Gen., Jefferson City, Mo., on the brief.

Before VAN OOSTERHOUT, MEHAFFY and LAY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by Dan Westley Gray from order entered by the trial court on petition for writ of habeas corpus reading as follows:

"For the reasons stated, it is "Ordered that petitioner be released from his present confinement in the Missouri Department of Corrections and be permanently discharged from custody at the end of ninety (90) days from the date of this order, unless within that time he has been afforded...

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