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CANNITO v. SIGLER

Nos. 71-1072, 71-1073.

449 F.2d 542 (1971)

Joseph B. CANNITO, Petitioner, Appellee, v. Maurice H. SIGLER, Warden, Nebraska State Penitentiary, Respondent, Appellant. Edward J. KONDER, Petitioner, Appellee, v. Maurice H. SIGLER, Warden, Nebraska State Penitentiary, Respondent, Appellant.

United States Court of Appeals, Eighth Circuit.

As Amended on Denial of Rehearing November 30, 1971.

Attorney(s) appearing for the Case

Ralph H. Gillan, Asst. Atty. Gen., Clarence A. H. Meyer, Atty. Gen. of Nebraska, Lincoln, Neb., for respondent, appellant.

James Beltzer, Grand Island, Neb., for appellees.

Before VAN OOSTERHOUT, MEHAFFY and ROSS, Circuit Judges.

ROSS, Circuit Judge.

This is an appeal from judgments entered by the United States District Court granting writs of habeas corpus to Cannito and Konder subject to the State of Nebraska granting them new trials within ninety days. We reverse with directions to dismiss the petitions.

The facts of these cases are carefully set forth by the district judge in his memorandum dated January 8, 1971, and reported at 321 F.Supp. 798

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