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YOUNGBEAR v. BREWER

No. C 75-62.

415 F.Supp. 807 (1976)

Ellsworth YOUNGBEAR, Petitioner, v. Lou V. BREWER, Warden of the Iowa State Penitentiary at Fort Madison, Respondent.

United States District Court, N. D. Iowa, Cedar Rapids Division.

June 25, 1976.

Attorney(s) appearing for the Case

Robert N. Clinton, Iowa City, Iowa, Charles A. Pulaski, Jr., John M. Thompson, Iowa City, Iowa, for petitioner.

Richard C. Turner, Atty. Gen. of Iowa, Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for respondent.

Evan Hultman, U. S. Atty., N. D. Iowa, Waterloo, Iowa, Herbert Becker, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D. C., for amicus curiae U. S.

A. John Wabaunsee, Richard B. Collins, Native American Rights Fund, Boulder, Colo., Merle L. Royce, Marshalltown, Iowa, for amicus curiae Sac and Fox Tribe of the Mississippi In Iowa.

ORDER

McMANUS, Chief Judge.

This matter is before the court on petitioner's resisted motion for partial summary judgment, filed January 27, 1976.

Petitioner Ellsworth Youngbear commenced this action for writ of habeas corpus pursuant to 28 U.S.C. § 2254, contending that he is being held in custody by the State of Iowa in violation of the United States Constitution. Specifically, petitioner avers that he was denied certain constitutional rights...

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