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IN MATTER OF APPLICATION OF HABEAS CORPUS

546 P.2d 1103 (1976)

In the matter of the Application for a Writ of Habeas Corpus. Linda PENDERGRASS, Appellant, v. Thomas C. TOOMBS, Superintendent, Oregon Women's Correctional Center, Respondent.

Court of Appeals of Oregon.

Decided March 15, 1976.

Attorney(s) appearing for the Case

R. Craig McMillin, Salem, argued the cause for appellant. With him on the brief was D. Michael Mills, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Ross R. Runkel, Salem, filed the brief amicus curiae for La Leche League International.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

This is a habeas corpus proceeding. Petitioner was pregnant at the time she was committed to the Oregon Women's Correctional Center, having been found guilty of the crimes of attempted murder and assault. She was taken to a Salem hospital for the birth of her child and a few days thereafter was separated from the child and returned to the Correctional Center. The Superintendent of the Correctional Center refused to grant her temporary leave so...

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