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UNITED STATES EX REL. MEANS v. SOLEM

Civ. 77-4100.

440 F.Supp. 544 (1977)

UNITED STATES of America ex rel. Russell C. MEANS, Relator, v. Herman SOLEM, Warden of the South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent.

United States District Court, D. South Dakota, S. D.

November 8, 1977.

Attorney(s) appearing for the Case

Sidney B. Strange, Sioux Falls, S. D., and Kenneth E. Tilsen, St. Paul, Minn., appeared in behalf of the relator.

Gary J. Pashby, Special Deputy States Atty., of Sioux Falls, S. D., appeared in behalf of the respondent.

Stephen L. Pevar, American Civil Liberties Union, of Denver, Colo., appeared as amicus curiae.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Relator, Russell C. Means, seeks a writ of habeas corpus, pursuant to 28 U.S.C. 2254, contending that the decision of the South Dakota Supreme Court revoking his appeal bond has resulted in his imprisonment in violation of the United States Constitution.

This imprisonment is the result of the latest involvement of the relator with the courts of South Dakota. The involvements pertinent to this action began...

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