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RABINOWITZ v. UNITED STATES

Nos. 21256, 21345.

366 F.2d 34 (1966)

Joni RABINOWITZ, Appellant, v. UNITED STATES of America, Appellee. Elza Leslye JACKSON, Robert Thomas, Samuel B. Wells, Slater Hunter King, and Thomas C. Chatmon, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 20, 1966.

Attorney(s) appearing for the Case

Victor Rabinowitz, Leonard B. Boudin, New York City, C. B. King, Albany, Ga., Melvin L. Wulf, New York City, amicus curiae, for appellant in No. 21256, Arthur Schutzer, Michael B. Standard, Henry Winestine, Eleanor F. Goldman, New York City, on the brief.

Nathan Lewin, Andrew F. Phelan, Attys., Dept. of Justice, Washington, D. C., Floyd M. Buford, U. S. Atty., Wilbur D. Owens, Jr., Asst. U. S. Atty., Macon, Ga., Charles S. Conley, Montgomery, Ala., amicus curiae, for appellee, Gary B. Blasingame, Joseph W. Popper, Jr., Asst. U. S. Attys., Robert S. Erdahl, Atty., Dept. of Justice, Washington, D. C., on the brief.

Jack Greenberg, Constance Baker Motley, New York City, C. B. King, Albany, Ga., for appellants in No. 21345.

Before TUTTLE, Chief Judge, and RIVES, BROWN, WISDOM, GEWIN, BELL, THORNBERRY and COLEMAN, Circuit Judges.

RIVES, Circuit Judge.

The appellants in both cases were indicted by the same grand jury, and were tried and convicted by petit juries drawn from the same box. In each case there was an attack on the grand jury by motion to dismiss the indictment, and an attack on the petit jury by motion to quash the petit jury panel or venire. Both cases present the question of whether the method by which the jury list was compiled resulted in the impermissible exclusion of Negroes...

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