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UNITED STATES EX REL. BURBANK v. WARDEN, ILL. ST. PEN.

No. 75-2079.

535 F.2d 361 (1976)

UNITED STATES of America ex rel. Ronald BURBANK, Petitioner-Appellee, v. WARDEN, ILLINOIS STATE PENITENTIARY, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 1976.

Rehearing and Rehearing Denied June 24, 1976.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Thomas Connors, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant.

Kenneth N. Flaxman, John Thomas Moran, Chicago, Ill., for petitioner-appellee.

Before FAIRCHILD, Chief Judge, and CUMMINGS and PELL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 24, 1976.

CUMMINGS, Circuit Judge.

In this appeal from the district court's order directing the issuance of a writ of habeas corpus, the principal question before us is whether there was probable cause for Burbank's warrantless arrest. Petitioner was convicted of murder in the state court; the Supreme Court of Illinois affirmed. People v. Burbank, 53 Ill.2d 261,

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