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RIGBY v. RUSSELL

Civ. A. No. 5215.

287 F.Supp. 325 (1968)

John Benny RIGBY v. Lake F. RUSSELL, Warden Tennessee State Penitentiary, Nashville, Tennessee.

United States District Court E. D. Tennessee, S. D.

June 26, 1968.

Attorney(s) appearing for the Case

Maurice R. Bowen, Jr., Chattanooga, Tenn., for petitioner.

Edward E. Davis, Dist. Atty. Gen., Chattanooga, Tenn., for respondent.

OPINION

FRANK W. WILSON, District Judge.

In this habeas corpus proceeding the petitioner, John Benny Rigby, seeks to test the legality of his confinement by the State of Tennessee under consecutive sentences imposed in two criminal cases. From the pleadings and the record in this case it appears that the following matters form the undisputed background to this litigation:

Upon October 30, 1962, an indictment was returned in the Criminal Court for...

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