POTTS v. DOWD

No. 8445.

141 F.2d 12 (1944)

POTTS v. DOWD, Warden.

Circuit Court of Appeals, Seventh Circuit.

March 10, 1944.


Attorney(s) appearing for the Case

Frank E. Potts, of Michigan City, Ind., in pro. per.

James E. Emmert, Atty. Gen., of Indiana, and Alfred F. Dowd, for respondent.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Appellant sought, in the District Court, a mandatory injunction against appellee, the Warden of the penitentiary where he is confined as a prisoner of the state of Indiana, compelling appellee to permit him to receive certain letters and literature and to mail from the prison certain communications. Upon motion, the complaint was dismissed for want of equity.

The situation is not to be distinguished from that presented in Kelly v....

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