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ORITO v. POWERS

No. 72-1931.

479 F.2d 435 (1973)

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

United States Court of Appeals, Seventh Circuit.

Decided May 25, 1973.

Attorney(s) appearing for the Case

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

Robert E. Sutton, Milwaukee, Wis., for petitioner-appellee.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.

HASTINGS, Senior Circuit Judge.

This appeal from an order of a federal district court granting the petition of George Joseph Orito for a writ of habeas corpus presents an important jurisdictional issue for review. The question is whether the United States District Court for the Eastern District of Wisconsin had jurisdiction pursuant to Title 28, U.S.C.A. § 2241(a),1 to issue a writ of habeas corpus on behalf of a prisoner who, at...

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