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GUNDLACH v. JANING

Civ. No. 75-0-177.

401 F.Supp. 1089 (1975)

Jerry G. GUNDLACH, Petitioner, v. Theodore J. JANING, Sheriff of Douglas County, and Robert F. Parratt, Warden of the Nebraska Penal and Correctional Complex, Respondents.

United States District Court, D. Nebraska.

October 13, 1975.

Attorney(s) appearing for the Case

David L. Herzog and J. Patrick Green, Omaha, Neb., for petitioner.

Donald L. Knowles, County Atty. of Douglas County, Neb., for respondent Janing.

MEMORANDUM

DENNEY, District Judge.

This habeas corpus case comes before the Court pursuant to Title 28 U.S.C. § 2254 subsequent to the submission of briefs and a stipulation that the case be decided on the record of the state court proceedings.

Petitioner's application for writ of habeas corpus presents the question of whether a search conducted by a private person after his contact with the police is a governmental search in violation of the...

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