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UNITED STATES EX REL. SMITH v. FRANZEN

No. 79-2107.

660 F.2d 237 (1981)

UNITED STATES of America ex rel. Melvin Lee SMITH, Petitioner-Appellee, v. Gayle M. FRANZEN, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing and Rehearing Denied November 19, 1981.

Attorney(s) appearing for the Case

Carolyn B. Notkoff, Asst. Atty. Gen., Chicago, Ill., for petitioner-appellee.

Andrew Berman, Chicago, Ill., for respondents-appellants.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 19, 1981.

SWYGERT, Senior Circuit Judge.

Petitioner Melvin Lee Smith was convicted of armed robbery in a jury trial in the Circuit Court of Kane County, Illinois. The Illinois Appellate Court affirmed, People v. Smith, 52 Ill.App.3d 583, 10 Ill.Dec. 303, 367 N.E.2d 756 (1977), the Illinois Supreme Court denied leave to appeal...

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