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UNITED STATES EX REL. TRAVIS v. TRAVIS

Civ. A. No. 1249.

319 F.Supp. 380 (1970)

UNITED STATES of America ex rel. William Cecil TRAVIS, Jr., Petitioner, v. William C. TRAVIS, William G. Travis, Algie Jesse Travis, Wylie W. Cunningham, Frankie Cunningham, George Blaine, and Alease Blaine, sureties for William Cecil Travis, Jr., and the Honorable Howard M. Jarrett, Judge of the Intermediate Court of Mercer County, West Virginia, Respondents.

United States District Court, S. D. West Virginia, Bluefield Division.

November 9, 1970.

Attorney(s) appearing for the Case

James B. McIntyre, Charleston, W. Va., for petitioner.

David W. Knight, Pros. Atty., Mercer County, Princeton, W. Va., Willard A. Sullivan, Asst. Atty. Gen. of W. Va., Charleston, W. Va., for respondents.

CHRISTIE, District Judge:

In this petition for a writ of habeas corpus ad subjiciendum, the petitioner alleges that he is being unlawfully and unjustly restrained of his liberty under color of authority of the State of West Virginia, in that he is in the custody of the respondents, sureties on a supersedeas bond executed by him before the Intermediate Court of Mercer County, West Virginia, following his conviction of a felony in that court.1

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