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KOWALSKI v. PARRATT

No. 75-1832.

533 F.2d 1071 (1976)

Donald KOWALSKI, Appellant, v. Robert F. PARRATT, Warden, Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 15, 1976.

Attorney(s) appearing for the Case

John S. Berry, Lincoln, Neb., for appellant.

Paul W. Snyder, Asst. Atty. Gen., Lincoln, Neb., for appellee; Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief.

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

BRIGHT, Circuit Judge.

Donald Kowalski, a Nebraska state prisoner, appeals the dismissal of his habeas corpus petition by District Judge Warren K. Urbom. Petitioner seeks to overturn his two-count conviction of robbing one Eugene Jones of $428 and one pint of Old Forester whiskey,1 (count I) and using a firearm in the commission of the robbery (count II). The Nebraska court sentenced Kowalski to a six-year prison term for the robbery and...

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