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ATKINSON v. HANBERRY

No. 78-1469.

589 F.2d 917 (1979)

Leslie ATKINSON, Plaintiff-Appellant, v. Jack HANBERRY, Warden, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 16, 1979.

Attorney(s) appearing for the Case

Stephen A. Kermish, Atlanta, Ga., for plaintiff-appellant.

William L. Harper, U. S. Atty., Atlanta, Ga., Henry E. Davis, U. S. Dept. of Justice, Civ. Div., Washington, D. C., for defendant-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

PATRICK E. HIGGINBOTHAM, District Judge:

Leslie Atkinson is in custody in the United States Penitentiary in Atlanta, Georgia. The state of Ohio wishes to try him on two alleged state offenses. The Bureau of Prisons agreed to transfer him to Ohio, and the district court refused to block the transfer. On appeal, Atkinson challenges neither the validity of the detainer itself nor Ohio's right to try him on the charges underlying it. Rather, he simply contends that Article...

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