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UNITED STATES EX REL. PLACEK v. STATE OF ILL.

No. 76-1376.

546 F.2d 1298 (1976)

UNITED STATES of America ex rel. James V. PLACEK, Petitioner-Appellant, v. STATE OF ILLINOIS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 1976.

Attorney(s) appearing for the Case

Frederick F. Cohn, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Timothy B. Newitt, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before HASTINGS, Senior Circuit Judge, and TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

Petitioner-appellant Placek, who was convicted of theft in a bench trial before an Illinois court, brings this appeal from the district court's dismissal of his petition for a writ of habeas corpus without an evidentiary hearing. He argues on appeal that his petition should be granted or, in the alternative, remanded for an evidentiary hearing.

Placek contends (1) that evidence obtained following...

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