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DRESKE v. HOLT

No. 75-3942

536 F.2d 105 (1976)

George Roman DRESKE, Petitioner-Appellant, v. James D. HOLT, Sheriff, Martin County, Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 1976.

Attorney(s) appearing for the Case

Michael O. Bohren, Milwaukee, Wis., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Anthony C. Musto, Basil S. Diamond, Asst. Attys. Gen., West Palm Beach, Fla., for respondent-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

In an unpublished order we originally dismissed this appeal from a denial of habeas corpus relief upon the allegation that petitioner was a fugitive from justice. Dreske v. Holt, 530 F.2d 973 (5th Cir. 1976). It now appears that petitioner was not a fugitive, at least in the traditional sense. The petition for rehearing therefore is granted and the original order of dismissal is vacated. Reaching the merits of...

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