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MORGAN v. PEOPLE OF STATE OF CAL.

No. 83-6306.

743 F.2d 728 (1984)

Henry Bradford MORGAN and Stephen Michael Swanson, Petitioners/Appellees, v. PEOPLE OF the STATE OF CALIFORNIA, Respondent/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1984.

Attorney(s) appearing for the Case

Darrell W. MacIntyre, Los Angeles, Cal., Bradley William Brunon, Beverly Hills, Cal., for petitioners/appellees.

Arthur B. Walsh, Deputy City Atty., Los Angeles, Cal., for respondent/appellant.

Before WRIGHT, FERGUSON and REINHARDT, Circuit Judges.

FERGUSON, Circuit Judge:

The State of California appeals the district court's order granting petitions for writ of habeas corpus and releasing Henry Morgan and Stephen Swanson from the constructive custody of the Municipal Court of Los Angeles prior to their criminal trial on various misdemeanor offenses. The state contends on appeal that the district court abused its discretion in issuing the writs because material factual disputes concerning the state charges should...

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