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WELLINGTON v. STATE OF S. D.

Nos. CIV. 76-4021 and CIV. 76-4023.

413 F.Supp. 151 (1976)

Neal LeRoy WELLINGTON, Petitioner, v. The STATE OF SOUTH DAKOTA, and its officers and agents, et al., Respondents. George R. WELLINGTON, Petitioner, v. The STATE OF SOUTH DAKOTA, and its officers and agents, et al., Respondents.

United States District Court, D. South Dakota, S. D.

May 10, 1976.

Attorney(s) appearing for the Case

William P. Fuller, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., appeared in behalf of the petitioner Neal LeRoy Wellington.

Derald W. Wiehl, May, Johnson & Burke, Sioux Falls, S. D., appeared in behalf of the petitioner George R. Wellington.

William J. Janklow, Atty. Gen., State of South Dakota, Pierre, S. D., and Gene Paul Kean, Minnehaha County State's Atty., Sioux Falls, S. D., appeared in behalf of the respondents.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioners, Neal LeRoy Wellington and George R. Wellington, have petitioned the Court pursuant to 28 U.S.C. Sec. 2241, et seq., for a writ of habeas corpus. Both brothers were arrested in Sioux Falls, South Dakota, on complaints charging them with being fugitives from justice from the State of Minnesota. The complaints charged Petitioners with committing grand larceny in Minnesota and subsequently fleeing...

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