District Court, N.D. Illinois May 28, 1969, No. 68 C 1780 (United States ex rel. Durso v. Pate)

MEMORANDUM OPINION

PERRY, District Judge.

This matter comes on upon the petition for writ of habeas corpus by petitioners, Thomas Durso and Michael Gargano, the return to rule to show cause of respondent, Frank J. Pate, Warden, Illinois State Penitentiary, Joliet-Stateville Branch, and petitioners’ answer to respondent’s return.

In their petition, petitioners allege as follows:

“2.