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UNITED STATES EX REL. WALKER v. TWOMEY

Nos. 72-1096, 73-1028.

484 F.2d 874 (1973)

UNITED STATES of America ex rel. Gerald Daniel WALKER, Petitioner-Appellant, v. John J. TWOMEY, Respondent-Appellee. UNITED STATES of America ex rel. Sherman Anthony KANE, Petitioner-Appellant, v. Peter BENSINGER, etc., et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Submitted May 18, 1973.

Decided August 27, 1973.

Attorney(s) appearing for the Case

John T. Perry, Wheaton, Ill., Cornelius E. Toole, Chicago, Ill., for petitioners-appellants.

William J. Scott, Atty. Gen., Morton Friedman, James B. Zagel and Melbourne A. Noel, Jr., Asst. Attys. Gen., Chicago, Ill., for respondents-appellees.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

No. 72-1096 Argued October 16, 1972.

No. 73-1028 Submitted May 18, 1973.

PER CURIAM.

Several judges of the district court for the northern district of Illinois have arrived at conflicting views concerning a rule to be applied where persons convicted of crime in a state court are denied bail pending appeal.

Judge Will has applied a rule that when the state court denies bail pending appeal and does not express any basis for its denial, such omission...

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