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GROPPI v. LESLIE

No. 18538.

436 F.2d 331 (1971)

James E. GROPPI, Petitioner-Appellee, v. Jack LESLIE, Sheriff of Dane County, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

January 6, 1971.

Attorney(s) appearing for the Case

Robert W. Warren, Atty. Gen., David J. Hanson, Sverre O. Tinglum, Asst. Attys. Gen., Madison, Wis., for appellant.

Percy L. Julian, Jr., Madison, Wis., William M. Coffey, Michael J. Zimmer, Milwaukee, Wis. (Robert J. Lerner, John D. Murray, Milwaukee, Wis., Steven H. Steinglass, Patricia D. McMahon, Milwaukee, Wis., of counsel), for appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and KILEY, CUMMINGS, KERNER, PELL and STEVENS, Circuit Judges.

PELL, Circuit Judge.

This matter being before the court en banc following reargument pursuant to the granting of Groppi's petition for rehearing, we are not persuaded that the result, and reasoning in support thereof, reached by the panel originally hearing this appeal, as set forth in the court's decision of October 28, 1970, is other than correct.

The basic and simple issue remains whether the judicial power...

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