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TABOR v. HARDWICK

No. 15477.

224 F.2d 526 (1955)

Bernard H. TABOR, Appellant, v. William H. HARDWICK, Warden, U. S. Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

July 22, 1955.

Attorney(s) appearing for the Case

No appearance for appellant.

James W. Dorsey, U. S. Atty., Harvey H. Tysinger, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.

On Petition for Rehearing.

RIVES, Circuit Judge.

On original hearing, we simply affirmed the judgment or order of the district court1 without opinion. In so doing, we assumed, as apparently did the district court, that the appellant was simply asking the Court to instruct the warden as to the extent of his authority, not that he was seeking damages for a denial of his civil rights. Upon...

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