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POWELL v. KEVE

Civ. A. No. 75-60.

409 F.Supp. 228 (1976)

Gary POWELL and Irene Powell, his wife, Petitioners, v. Paul W. KEVE, Director of the Division of Adult Corrections and the State of Delaware, Respondents.

United States District Court, D. Delaware.

January 27, 1976.

Attorney(s) appearing for the Case

L. Vincent Ramunno, Wilmington, Del., for petitioners.

John M. Willard, Asst. Atty. Gen., Dept. of Justice, Wilmington, Del., for respondents.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Relators Gary and Irene Powell are before the Court seeking a writ of habeas corpus and have alleged three constitutional grounds to support their petition. Respondents have moved to dismiss the Powells' petition, arguing that petitioners have failed to exhaust their state remedies as required under 28 U.S.C. § 2254. The basic facts are not in dispute and can be briefly summarized prior to resolution of respondents...

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