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RINEHART v. BREWER

No. 76-2090.

561 F.2d 126 (1977)

Michael Timm RINEHART, Appellee, v. Lou V. BREWER, Warden of the Iowa State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1977.

Attorney(s) appearing for the Case

Ray W. Sullins, Asst. Atty. Gen. (argued), and Richard C. Turner, Atty. Gen., Des Moines, Iowa, on brief, for appellant.

Mark E. Schantz, Prisoner Assistance Clinic, Iowa City, Iowa, argued and filed brief, for appellee.

Before STEPHENSON and WEBSTER, Circuit Judges, and BENSON, District Judge.

STEPHENSON, Circuit Judge.

The state of Iowa, on behalf of Warden Brewer, has appealed from a grant of habeas corpus. The district court1 granted Michael Timm Rinehart's motion for summary judgment pursuant to his petition for writ of habeas corpus filed under 28 U.S.C. § 2254. The district court's opinion is reported at 421 F.Supp. 508 (S.D.Iowa 1976).

The writ was granted upon three...

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