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DERBY v. CUPP

Civ. Nos. 68-491, 68-520.

302 F.Supp. 686 (1969)

Merle Vernon DERBY, Petitioner, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent. Edwin James BUNCH, Petitioner, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

United States District Court D. Oregon.

July 30, 1969.

Attorney(s) appearing for the Case

Robert J. Miller, Portland, Or., for petitioner Merle Vernon Derby.

Paul N. Daigle, Portland, Or., for petitioner Edwin James Bunch.

Lee Johnson, Atty. Gen., of Oregon, David H. Blunt, Asst. Atty. Gen., Salem, Or., for respondent.

OPINION

SOLOMON, Chief Judge:

Merle Vernon Derby and Edwin James Bunch (Petitioners) are serving terms in the Oregon State Penitentiary for assault and robbery. They seek writs of habeas corpus under 28 U.S.C. §§ 2241-2254, alleging that evidence introduced at their joint trial resulted from an illegal search and seizure. Their petitions, filed separately, raise identical issues, and have therefore been consolidated. All State remedies have been...

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