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AREBAUGH v. DALTON

No. 82-6436.

730 F.2d 970 (1984)

Ray Kevin AREBAUGH, Appellant, v. Governor John DALTON, Attorney General Marshall Coleman, Terrell D. Hutto, Director, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1984.

Attorney(s) appearing for the Case

David E. Nagle, Richmond, Va. (Markham, Meath & Drumheller, Richmond, Va., on brief), for appellant.

Alan Katz, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief), for appellees.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

Ray Kevin Arebaugh is and, from some time prior to September 5, 1980 has been, a Virginia prisoner. For a relatively short period in 1981 he was in the hands of North Carolina authorities. On September 5, 1980, North Carolina, proceeding pursuant to the Interstate Agreement on Detainers, Va.Code § 53.1-210 (1982 Repl. Volume), had sought his temporary presence in North Carolina for purposes of trying him on criminal charges there. On...

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