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IERARDI v. GUNTER

No. 75-1273.

528 F.2d 929 (1976)

William Nicholas IERARDI, Petitioner-Appellee, v. Frank O. GUNTER, Superintendent, Massachusetts Correctional Institution, et al., Respondents-Appellants.

United States Court of Appeals, First Circuit.

Decided January 13, 1976.

Attorney(s) appearing for the Case

Michael C. Donahue, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Bureau, were on brief, for respondents-appellants.

Margaret D. McGaughey, Boston, Mass., for petitioner-appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal from an order of the district court granting a writ of habeas corpus and dismissing petitioner from the custody of a governor's warrant directing his rendition to Florida. Petitioner, who is serving a Massachusetts sentence at the Massachusetts Correctional Institution at Walpole, is charged in Florida with the crimes of breaking, entering and grand larceny.

On December 28, 1971, the Governor of Florida sent...

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