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LABAT v. SIGLER

No. 17654.

267 F.2d 307 (1959)

Edgar LABAT and Clifton Alton Poret, Appellants, v. Maurice SIGLER, Warden of the Louisiana State Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 26, 1959.

Attorney(s) appearing for the Case

Gerard H. Schreiber, G. Wray Gill, New Orleans, La., for appellants.

M. E. Culligan, Asst. Atty. Gen., Jack P. F. Gremillion, Atty. Gen., John E. Jackson, Jr., Sp. Counsel Atty. Gen., New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

HUTCHESON, Chief Judge.

This is another of the all too many instances1 in which, after exhaustive trials and proceedings in the state courts, a habeas corpus proceeding, in form urging but in truth and in fact presenting no substantial grounds for such relief, is brought in a federal district court to serve the single purpose of an additional and extraordinary motion to obtain a new trial in the state court.

While, as appears from...

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