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STATE OF NORTH CAROLINA v. ALSTON

No. Cr-M-1-64.

227 F.Supp. 887 (1964)

STATE OF NORTH CAROLINA, Respondent. v. Jeredene ALSTON, Roosevelt Atwater, Walter Mitchell, et al., Petitioners.

United States District Court M. D. North Carolina, Greensboro Division.

March 20, 1964.

Attorney(s) appearing for the Case

F. B. McKissick and C. C. Malone, Jr., Durham, N. C., and Moses C. Burt, Jr., Burlington, N. C., for petitioners.

T. W. Bruton, Atty. Gen. of North Carolina, and Ralph Moody, Deputy Atty. Gen. of North Carolina, Raleigh, N. C., and Thomas D. Cooper, Jr., Solicitor of the Tenth-A Solicitorial District of North Carolina, Burlington, N. C., for respondent.

STANLEY, Chief Judge.

On March 2, 1964, counsel for Jeredene Alston, Roosevelt Atwater, Walter Mitchell, and 214 other state court defendants, filed a consolidated petition, pursuant to 28 U.S.C.A. §§ 1441-1450, removing 734 criminal proceedings from the Superior Court of Orange County, North Carolina, to this court. Jurisdiction is invoked pursuant to the provisions of 28 U.S.C.A. § 1443.1 The petition was verified only...

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