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RAND v. SWENSON

Nos. 73-1862, 73-1915.

501 F.2d 394 (1974)

Roy E. RAND, Jr., Petitioner-Appellant, v. Harold R. SWENSON, Respondent-Appellee. Roy E. RAND, Jr., Petitioner-Appellee, v. Harold R. SWENSON, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1974.

Attorney(s) appearing for the Case

John J. Hennelly, Jr., St. Louis, Mo., for appellant.

Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, ROSS, Circuit Judge, and VAN PELT, Senior District Judge.

PER CURIAM.

These two appeals which were combined for argument and decision represent an appeal by the Warden, Swenson, and a cross-appeal by the Petitioner, Rand, from an order of the District Court for the Eastern District of Missouri1 in an action begun under 28 U.S.C. § 2254. The Warden appeals the granting of a new trial to the petitioner, who is an inmate of the Missouri State Penitentiary...

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