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PAKULSKI v. HICKEY

No. 83-3143.

731 F.2d 382 (1984)

Mitchell J. PAKULSKI, et al., Petitioners-Appellants, v. Donald T. HICKEY, Sheriff of Lucas County, Ohio, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 13, 1984.

Attorney(s) appearing for the Case

Henry B. Herschel, Paul Davis (argued), Christopher C. Loyd, James C. Sass, Toledo, Ohio, for petitioners-appellants.

James D. Bates, Asst. Lucas County Prosecutor (argued), Toledo, Ohio, J. Michael Carpenter, Asst. Atty. Gen. of N.C. Dept. of Justice (argued), Jack L. Cozort, Raleigh, N.C., for respondents-appellees.

Before KEITH and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

The question in this case is whether or not the three appellants are "fugitives" from North Carolina and subject to extradition. Extradition of appellants was ordered by Ohio Governor James A. Rhodes on May 18, 1979 upon the request of North Carolina Governor James B. Hunt.

The extradition has been delayed for a protracted period of time by a writ of habeas corpus improvidently granted by the Court of Common Pleas of Lucas County...

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