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COOPER v. LOCKHART

Nos. 73-1536 and 73-1584.

489 F.2d 308 (1973)

Leroy C. COOPER, Appellant, v. A. L. LOCKHART, Superintendent of the Cummins Unit of the Arkansas Department of Corrections; Terrell Don Hutto, Individually and as Commissioner of Corrections for the State of Arkansas, Appellees. Harry L. WILLIAMS, Jr., Appellant, v. A. L. LOCKHART, Superintendent, Cummins Unit, Arkansas Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1973.

Attorney(s) appearing for the Case

John T. Lavey, Little Rock, Ark., for appellant in No. 73-1536.

Harry Williams, Jr., on brief, pro se in No. 73-1584.

Jim Guy Tucker, Atty. Gen., Little Rock, Ark., and Alston Jennings, Asst. Atty. Gen., on brief for appellees in Nos. 73-1536 and 73-1584.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.

LAY, Circuit Judge.

A significant question in the corrections field is presented by these appeals. The fundamental issue is whether the punitive effects of a detainer, placed on a prisoner by the State of Arkansas because of a pending parole revocation in another state, may be continued when the latter state refuses to determine the question of revocation until the prisoner is released from his present confinement. The constitutional question posed is whether the...

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