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BATES v. RIVERS

No. 17776.

323 F.2d 311 (1963)

Ezekiel BATES, Appellant, v. Hugh F. RIVERS, Executive, District of Columbia Board of Parole, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 15, 1963.

Attorney(s) appearing for the Case

Mr. Maurice R. Dunie, Washington, D. C. (appointed by this court), for appellant.

Mr. Barry I. Fredericks, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Gil Zimmerman, Asst. U. S. Attys., were on the brief, for appellees.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge.

This is a declaratory judgment action arising out of revocation of parole by the District of Columbia Board of Parole in which appellant questions the legality of his continued imprisonment. The District Court granted the government's motion to dismiss. This appeal followed.

On April 12, 1957, appellant was sentenced by the United States District Court for the District of Columbia to a term of imprisonment of two to six years for assault...

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