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PEHLER v. SCHOEN

No. 75-1717.

537 F.2d 970 (1976)

Richard S. PEHLER, Appellant, v. Kenneth SCHOEN, Commissioner of Corrections, his Agents and Employees personally and in their Official Capacity, and as Agent for Elayn Hunt, and Elayn Hunt, Director, Department of Corrections, State of Louisiana, and her Agents and Employees Individually and in their Official Capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1976.

Attorney(s) appearing for the Case

Melvin B. Goldberg, Minneapolis, Minn., for appellant; James P. Cullen, Minneapolis, Minn., on brief.

Richard B. Allyn, Asst. Atty. Gen., St. Paul, Minn., for appellees; Warren Spannaus, Atty. Gen., State of Minnesota; Richard G. Mark, Asst. Sol. Gen., and Thomas J. Foley, Special Asst. Atty. Gen., St. Paul, Minn., on brief.

Before WEBSTER and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

WEBSTER, Circuit Judge.

Richard S. Pehler, a Minnesota state prisoner, brought this action in the District Court pursuant to 42 U.S.C. § 1983 for declaratory and injunctive relief from the effects of a detainer lodged against him by the State of Louisiana and to have that detainer declared void and unenforceable. The District Court denied Pehler's motion for a preliminary injunction, holding that Pehler's claim was in the nature of a habeas corpus claim. Pehler...

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