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UNITED STATES EX REL. SPURLARK v. WOLFF

Nos. 81-2063, 81-2113.

699 F.2d 354 (1983)

UNITED STATES of America ex rel. Nathaniel SPURLARK, Petitioner-Appellee-Cross-Appellant, v. Dennis WOLFF, et al., Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1983.

Attorney(s) appearing for the Case

Neal B. Goodfriend, Chicago, Ill., for respondents-appellants-cross-appellees.

Sam Adam, Chicago, Ill., for petitioner-appellee-cross-appellant.

Before CUMMINGS, Chief Judge, PELL, BAUER, WOOD, CUDAHY, POSNER, ESCHBACH and COFFEY, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

PELL, Circuit Judge.

We reconsider the appeal of respondents in this habeas corpus action.1 We will review only those facts pertinent to our decision.

I

Petitioner was arrested on August 12, 1972, and charged with possession of cocaine. Due to innumerable continuances, most of which were granted at the request of petitioner's retained counsel, the trial did not begin until November 22, 1976. Because of the delays engendered...

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