ORITO v. POWERS

No. 72-C-404.

347 F.Supp. 150 (1972)

George Joseph ORITO, by Robert E. Sutton, his attorney, Petitioner, v. Sanger POWERS, Administrator, State of Wisconsin Department of Health and Social Services, Division of Corrections, Respondent.

United States District Court, E. D. Wisconsin.

August 30, 1972.


Attorney(s) appearing for the Case

Samson, Friebert, Sutton & Finerty by Robert E. Sutton, Milwaukee, Wis., for petitioner.

Robert W. Warren, Atty. Gen. by Thomas J. Balistreri, Asst. Atty. Gen., Madison, Wis., for respondent.


DECISION and ORDER

MYRON L. GORDON, District Judge.

This petition for a writ of habeas corpus presents a threshold question as to the jurisdiction of this court and also a question as to whether a particular publication should be held not obscene as a matter of law.

As noted in earlier decisions of this court, the petitioner has been confined in the federal correctional institution at Sandstone, Minnesota, where he is serving a sentence upon a federal...

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