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OLIPHANT v. KOEHLER

No. M 77-52 CA 2.

451 F.Supp. 1305 (1978)

Charles Edward OLIPHANT, Jr., Petitioner, v. Theodore KOEHLER, Warden, Marquette Branch Prison, Respondent.

United States District Court, W. D. Michigan, N. D.

May 16, 1978.

Attorney(s) appearing for the Case

Terence Flanagan, State Appellate Defender, Detroit, Mich., for petitioner.

William Molner, Lansing, Mich., for respondent.

OPINION AND ORDER

MILES, District Judge.

Petitioner, Charles Edward Oliphant, Jr., has filed an application for a writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241 et seq. He contends that prejudicial error was committed in the conduct of his state court trial. Respondent has moved for dismissal or, in the alternative, for summary judgment in accordance with Rules 12(b)(6) and 56(b) of the Federal Rules of Civil Procedure....

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