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UNITED STATES v. WOOD

No. 19237.

295 F.2d 772 (1961)

UNITED STATES of America, Appellant, v. John Q. WOOD et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 30, 1961.

Attorney(s) appearing for the Case

Burke Marshall, Asst. Atty. Gen., John Doar, First Asst. Atty., Civil Rights, Dept. of Justice, Washington, D. C., for appellant.

Edward L. Cates, Asst. Atty. Gen., Joe T. Patterson, Atty. Gen., Dugas Shands, Asst. Atty. Gen., for appellees.

Before RIVES, CAMERON and BROWN, Circuit Judges.

RIVES, Circuit Judge.

The United States appeals from the denial of a temporary restraining order pending a hearing for a preliminary injunction.1 The Government seeks to restrain the defendants from prosecuting one John Hardy, a Negro, before a Justice of the Peace in Walthall County, Mississippi. The case was filed in the Southern District of Mississippi under the Civil Rights Act of 1957, 42 U.S.C.A. § 1971, on the theory that the...

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