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TOWNSEND v. STATE OF OHIO

No. 16648.

366 F.2d 33 (1966)

Newton TOWNSEND, Petitioner-Appellant, v. STATE OF OHIO, Rex V. Larson, Prosecuting Attorney, Richland County, Ohio, Clare W. Kyler, Chief, Police Department, Mansfield, Ohio, William N. Spognardi, Lieutenant, Police Department, Mansfield, Ohio, and Richard L. Burton, Lieutenant, Police Department, Mansfield, Ohio, Respondents-Appellees.

United States Court of Appeals Sixth Circuit.

September 15, 1966.

Attorney(s) appearing for the Case

Larry L. Inscore, Mansfield, Ohio, for appellant, Theodore Lutz, Mansfield, Ohio, on the brief.

Rex V. Larson, Pros. Atty., Mansfield, Ohio, for appellees, William F. McKee, Asst. Pros. Atty., Mansfield, Ohio, on the brief.

Before EDWARDS and CELEBREZZE, Circuit Judges, and GORDON, District Judge.

PER CURIAM.

Appellant herein sought removal of a state criminal trial to the federal courts under 28 U.S.C. § 1443 (1964). He also sought injunctive relief under 17 Stat. 13 (1871), 42 U.S.C. § 1983 (1964), from the United States District Court for the Northern District of Ohio, Eastern Division, to restrain state proceedings on criminal charges filed against him and to prohibit the use of certain evidence in the state proceedings. The claim advanced was...

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