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ITEL CAPITAL CORP. v. DENNIS MIN. SUPPLY & EQUIPMENT, INC.

No. 80-7274.

651 F.2d 405 (1981)

ITEL CAPITAL CORP., etc., Plaintiff-Appellee, v. DENNIS MINING SUPPLY AND EQUIPMENT, INC., etc., and James H. Dennis, Defendants-Appellants, v. Michael K. TEREBECKI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

July 24, 1981.

Attorney(s) appearing for the Case

James H. Dennis, pro se.

Stephen Johnson, Jon R. Phillips, Gainesville, Fla., for defendants-appellants.

Thomas, Taliaferro, Forman, Burr & Murray, John D. Clements, William F. Murray, Jr., Birmingham, Ala., for ITEL Capital Corp.

Before GEWIN, RONEY and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

James H. Dennis and Dennis Mining Supply and Equipment, Inc., appeal the district court's denial of Dennis's petition for writ of habeas corpus ad testificandum on the ground that the petition was untimely filed. While agreeing with the result, the appellee, ITEL Capital Corp., questions the district court's assumption that it has the authority to grant a writ of habeas corpus ad testificandum...

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