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EATON v. HOLBROOK

No. 81-1884.

671 F.2d 670 (1982)

Beryl EATON, Petitioner, Appellee, v. Terrence HOLBROOK and Francis X. Bellotti, Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Linda G. Katz, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Chief, Crim. Bureau, and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Div., Boston, Mass., were on brief, for respondents, appellants.

John Reinstein, Boston, Mass., for petitioner, appellee.

Before COFFIN, Chief Judge, TIMBERS, Senior Circuit Judge, BREYER, Circuit Judge.

COFFIN, Chief Judge.

On December 8, 1981, the district court ordered that the appellee be released on bail pending consideration of her petition for a writ of habeas corpus. In so doing, the court applied the standard we enunciated in Glynn v. Donnelly, 470 F.2d 95, 98 (1st Cir. 1972):

"[I]n the absence of exceptional circumstances ... the court will not grant bail prior to the ultimate final decision unless petitioner...

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