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AUSTIN v. ERICKSON

No. 72-1385.

477 F.2d 620 (1973)

Donna AUSTIN, Petitioner-Appellant, v. Don R. ERICKSON, Warden of the South Dakota Penitentiary, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1973.

Attorney(s) appearing for the Case

Marvin K. Bailin, Sioux Falls, S. D., for appellant.

William J. Srstka, Jr., Asst. Atty. Gen., Pierre, S. D., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY, Circuit Judge and DURFEE, Senior Judge of the United States Court of Claims.

DURFEE, Senior Judge.

Donna Jean Austin, appellant, petitioned the United States District Court for the District of South Dakota for a writ of habeas corpus, pursuant to 28 U.S.C. §§ 2241 and 2254, against the Warden of the South Dakota State Penitentiary, Don R. Erickson, appellee. Austin had exhausted her remedies upon affirmance of denial of her application for a state writ of habeas corpus by the Supreme Court...

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