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BERRYMAN v. COLBERT

Nos. 75-1413, 75-1414 and 75-1767.

538 F.2d 1247 (1976)

Philip Wayne BERRYMAN, Petitioner-Appellant, Cross-Appellee, v. Edward COLBERT, Warden, Respondent-Appellee, Cross-Appellant. Philip Wayne BERRYMAN, Petitioner-Appellee, v. Edward COLBERT, Warden, Respondent, William L. Cahalan, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 21, 1976.

Attorney(s) appearing for the Case

Arthur J. Tarnow, Detroit, Mich., for appellant in 75-1413 and for appellee in 75-1414 and 75-1767.

Frank J. Kelley, Atty. Gen. of Michigan, Keith D. Roberts, Asst. Atty. Gen., Lansing, Mich., William L. Cahalan, Pros. Atty., Detroit, Mich., Dennis M. Powers, Pros. Attys. App. Serv., Edward R. Wilson, Lansing, Mich., for appellee in 75-1413 and for appellant in 75-1414 and 75-1767.

Before PHILLIPS, Chief Judge, and EDWARDS and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant Berryman filed a timely appeal from the District Judge's order of December 26, 1974, denying his petition for writ of habeas corpus as it applied to his conviction for conspiracy to commit unarmed robbery. A timely notice of appeal as to the District Judge's grant of the writ in appellant's murder conviction was also filed in the name of the People of the State of Michigan which we recognize as effective for purposes of our appellate...

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