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GREEN v. ESTELLE

No. 78-3190.

601 F.2d 877 (1979)

Roy Dale GREEN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 30, 1979.

Attorney(s) appearing for the Case

Douglas M. Becker, Nancy M. Simonson, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Brantley Pringle, Fort Worth, Tex., for petitioner-appellee.

Before GOLDBERG, AINSWORTH and KRAVITCH, Circuit Judges.

GOLDBERG, Circuit Judge:

Roy Dale Green, a Texas state prisoner, petitioned the United States district court for a writ of habeas corpus under 28 U.S.C. § 2241. The district court granted the writ, and the state appeals from that grant. For the reasons expressed in this opinion, we affirm the judgment of the district court.

On August 6, 1966 Green and his companion, Kenneth McDuff, kidnapped two young boys. They locked the two boys, Marcus Dunnam and...

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