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DAVIS v. MUELLAR

No. 80-1082.

643 F.2d 521 (1981)

Thomas D. DAVIS, Appellant, v. Bryant MUELLAR, as Sheriff of Rolette County, North Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1981.

Rehearing and Rehearing Denied April 3, 1981.

Attorney(s) appearing for the Case

Timothy A. La France, Native American Rights Fund, Boulder, Colo., for appellant.

Vance Gillette, Bismarck, N. D., for amicus curiae.

Arne F. Boyum, Rolette County State's Atty., Rolla, N. D., for appellee.

Before HENLEY and McMILLIAN, Circuit Judges, and HARPER, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 3, 1981.

HENLEY, Circuit Judge.

Thomas D. Davis appeals the district court order, 481 F.Supp. 888, denying his petition for a pretrial writ of habeas corpus, 28 U.S.C. § 2241(c)(3), by which he sought release from North Dakota state custody on grounds that his arrest and state custody were, and are, in violation of a tribal extradition ordinance. We affirm.

Davis...

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