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STATE OF ALA. v. ENGLER

No. 94-2436.

85 F.3d 1205 (1996)

STATE OF ALABAMA, ex rel. its GOVERNOR AND its ATTORNEY GENERAL, Plaintiff-Appellant, v. John M. ENGLER, in his official capacity as Governor of the State of Michigan, Defendant-Appellee, Phillip Chance, Movant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Robert S. Harrison (briefed), Harrison & Zacks, Bloomfield Hills, MI, for James E. Folsom, Jr. and James H. Evans.

Paul M. Newcomer (argued), Robert S. Harrison, Harrison & Zacks, Bloomfield Hills, MI, for State of Alabama.

Robert Ianni (argued and briefed), Office of the Attorney General of Michigan, Lansing, MI, for John M. Engler.

James Schuster, Southfield, MI, for Phillip Chance.

Before: JONES, BOGGS, and BATCHELDER, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. JONES, J. (pp. 1210-11), delivered a separate concurring opinion.

BOGGS, Circuit Judge.

The State of Alabama seeks a writ of mandamus compelling the Governor of Michigan, John M. Engler, to extradite an escaped felon, Phillip Chance, who has been living in Michigan under a gubernatorial grant of "asylum" for the last fourteen years. In the district court, Engler successfully defended...

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