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ROGERS v. CITY OF TUSCALOOSA

No. 21700.

353 F.2d 78 (1965)

T. Y. ROGERS et al., Appellants, v. The CITY OF TUSCALOOSA and the State of Alabama, Appellees.

United States Court of Appeals Fifth Circuit.

November 18, 1965.

Attorney(s) appearing for the Case

Oscar W. Adams, Jr., Demetrius C. Newton, Birmingham, Ala., Jack Greenberg, Charles H. Jones, Jr., New York City, for appellants, Anthony G. Amsterdam, Washington, D. C., of counsel.

J. Wagner Fennell, City Atty., Tuscaloosa, Ala., for appellees.

Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal by Negro defendants in State court prosecutions from an order of the United States District Court ordering a remand to the State court for trial after a petition for removal, under Section 1443, 28 U.S.C.A., had effected a removal to the Federal court. The trial court's order, here appealed from, was entered before this Court's decisions in Rachel v. State of Georgia, 5 Cir., (1965), 342 F.2d 336

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