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MOORE v. UNITED STATES

No. 10123.

125 F.2d 143 (1942)

MOORE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 21, 1942.

Attorney(s) appearing for the Case

Clint W. Hager, of Atlanta, Ga., for appellant.

Lawrence S. Camp, U. S. Atty., and J. Ellis Mundy, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

This is an application to remand the case to the District Court for the purpose of consideration of an application for a new trial on the ground of newly discovered evidence. The case was docketed on the notice of appeal but the record has not yet been filed. The ground on which the application is made is that an article appeared in the Atlanta Constitution, of October 14, 1941, which in substance states that John Henry Moore, a Negro, who was granted...

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