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PEOPLE OF STATE OF ILL., EX REL. SMITH v. ELROD

No. 80C6786.

511 F.Supp. 559 (1981)

PEOPLE of the STATE OF ILLINOIS, ex rel. Russell SMITH, Relator, v. Richard ELROD, Respondent.

United States District Court, N. D. Illinois, E. D.

April 3, 1981.

Attorney(s) appearing for the Case

Rick Schoenfield, Joseph A. Ettinger & Associates, Ltd., Chicago, Ill., for relator.

Elmer Kissane, Asst. State's Atty., Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Petitioner Russell Smith ("Smith") is the subject of an extradition warrant issued by Illinois Governor James Thompson as the result of an extradition request by the State of Tennessee. Smith has petitioned for a writ of habeas corpus and respondent Richard Elrod ("Elrod"), the Cook County Sheriff, has moved to dismiss. For the reasons stated in this memorandum opinion and order, Elrod's motion to dismiss...

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