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Chappell v. Crouse

United States Court of Appeals, Tenth Circuit
Jul 26, 1968
399 F.2d 689 (10th Cir. 1968)

Opinion

No. 9951.

July 26, 1968.

John C. Tillotson, Norton, Kan., for appellant.

Edward G. Collister, Topeka, Kan. (Robert C. Londerholm, Atty. Gen., and Jon K. Sargent, Asst. Atty. Gen., on the motion to vacate appeal and reinstate cause in district court), for appellee.

Before PHILLIPS, HILL and SETH, Circuit Judges.


Appellee, in view of the recent Supreme Court decision, Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426, joins in appellant's request that the order appealed from be set aside and the case remanded for further proceedings. We also agree.

It is appropriate to add that at the time the order appealed from was entered the trial judge properly relied upon the line of cases from this court applicable to the question involved. Those cases have since the date of the order been overruled by Peyton v. Rowe, supra.

Carpenter v. Crouse, 10 Cir., 358 F.2d 701; Browning v. Crouse, 10 Cir., 356 F.2d 178.

The order appealed from is vacated and the case is remanded for further proceedings.


Summaries of

Chappell v. Crouse

United States Court of Appeals, Tenth Circuit
Jul 26, 1968
399 F.2d 689 (10th Cir. 1968)
Case details for

Chappell v. Crouse

Case Details

Full title:William Delos CHAPPELL, Appellant, v. Sherman H. CROUSE, Warden Kansas…

Court:United States Court of Appeals, Tenth Circuit

Date published: Jul 26, 1968

Citations

399 F.2d 689 (10th Cir. 1968)

Citing Cases

Hudson v. Crouse

In support thereof Judge Brown cites Stubbs v. Crouse, 366 F.2d 753 (CA 10, 1966) and Byers v. Crouse, 339…