COLLINS v. WOLFF

No. 72-1158.

467 F.2d 359 (1972)

Terrence Owen COLLINS, Appellee, v. Charles L. WOLFF, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1972.


Attorney(s) appearing for the Case

Bernard L. Packett, Asst. Atty. Gen., Lincoln, Neb., Clarence A. H. Meyer, Atty. Gen, for appellant.

E. Dean Hascall, of Hascall, Reagan & Jungers, Bellevue, Neb., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and TALBOT SMITH, District Judge.


PER CURIAM.

Appellant Wolff, Warden, Nebraska Penal Complex, appeals from the decision of the United States District Court for the District of Nebraska ordering that writ of habeas corpus issue unless within 90 days the District Court of Sarpy County, Nebraska, grant petitioner a new trial. The issue before this Court is whether the District Court erred in finding that a package was mailed as first-class mail and thus under applicable statutes and regulations was...

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