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BECKER v. THOMPSON

No. 71-1856.

459 F.2d 919 (1972)

Sandra Lee BECKER, etc., et al., Plaintiffs, Richard Guy Steffel, Plaintiff-Appellant, v. John R. THOMPSON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 20, 1972.

Attorney(s) appearing for the Case

Howard Moore, Jr., William H. Traylor, John R. Myer, Atlanta, Ga., for plaintiff-appellant.

Robert E. Mozley, George P. Dillard, Decatur, Ga., Dock H. Davis, Atlanta, Ga., for defendants-appellees.

Before TUTTLE, GEWIN and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 20, 1972.

DYER, Circuit Judge:

In this appeal we must meet the issue explicitly reserved in Samuels v. Mackell, 1971, 401 U.S. 66, 91 S.Ct. 764, 27 L. Ed.2d 688, that is, the propriety of granting declaratory relief when no state criminal proceeding is pending at the time the federal suit is begun. Finding no bad faith enforcement or harassment by the state, the district court denied...

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