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FUGATE v. ELLENSON

Civ. No. 798L.

237 F.Supp. 44 (1964)

Caril Ann FUGATE, a minor, by and through John McArthur, her guardian and next friend, Petitioner, v. Gladys ELLENSON, Respondent.

United States District Court D. Nebraska.

December 30, 1964.

Attorney(s) appearing for the Case

Merril R. Reller and John McArthur, Lincoln, Neb., for petitioner.

Mel Kammerlohr, Asst. Atty. Gen. of Nebraska, Lincoln, Neb., for respondent.

VAN PELT, District Judge.

This matter is before the court as a result of the request for oral argument filed by the respondent, the same being filing #4 herein. It is the contention of the State, as shown by its return to order to show cause, that the case of Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 should not be applied retroactively and the argument has been limited to that question.

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