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ROOT v. PERCY

No. 80-C-953.

504 F.Supp. 659 (1980)

Howard Leroy ROOT, Petitioner, v. Donald E. PERCY, Respondent.

United States District Court, E. D. Wisconsin.

December 31, 1980.

Attorney(s) appearing for the Case

James R. Glover, Shellow & Shellow, Milwaukee, Wis., for petitioner.

Bronson C. LaFollette, Atty. Gen. by Thomas J. Balistreri, Asst. Atty. Gen., Madison, Wis., for respondent.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Presently before me is the petition of Howard L. Root for a writ of habeas corpus. On October 21, 1980, after preliminary screening under Rule 4, Rules Governing Section 2254 Cases, I ordered the respondent to file an answer to the petition of Mr. Root. I noted in that order that Mr. Root was still pursuing an appeal in state court, but that exceptions existed to the rule that exhaustion of state remedies...

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