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WILWORDING v. SWENSON

No. 74-1071.

502 F.2d 844 (1974)

Alan Daniel WILWORDING, Appellant, v. Harold R. SWENSON, Warden, Missouri Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1974.

Rehearing and Rehearing Denied October 1, 1974.

Attorney(s) appearing for the Case

Ronald M. Sokol, Public Defender, St. Joseph, Mo., of counsel; Ronald M. Sokol, Kansas City, Mo., and Robert Plotkin, NLADA, Washington, D. C., on brief, for appellant.

David Robards, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 1, 1974.

LAY, Circuit Judge.

Petitioner Wilwording has spent five unsuccessful years seeking an evidentiary hearing on his claim of unconstitutional disciplinary measures in the Missouri State Penitentiary. In 1969, he filed a § 1983 civil rights action in the United States District Court for the Western District of Missouri and a petition for a writ of habeas corpus in the Circuit Court of Cole County, Missouri...

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