HUTUL v. UNITED STATES

Nos. 78-1015, 76-1197.

582 F.2d 1155 (1978)

Harry P. HUTUL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 1978.


Attorney(s) appearing for the Case

William J. Harte, Chicago, Ill., for plaintiff-appellant.

Thomas P. Sullivan, U. S. Atty., Chicago, Ill., for defendant-appellee.

Before SPRECHER and TONE, Circuit Judges, and EAST, Senior District Judge.


Argued January 12, 1977 in No. 76-1197 and Resubmitted in No. 78-1015 on February 8, 1978.

PER CURIAM:

The Appeal:

Petitioner-appellant Harry P. Hutul (Hutul) appeals the order of the District Court granting the Government's motion to dismiss Hutul's petition and cause for relief under 28 U.S.C. § 2255 without a hearing. The District Court's order was entered on January 19, 1976 "for failure to state a claim upon which relief can be granted...

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