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TOLG v. GRIMES

No. 21661.

355 F.2d 92 (1966)

Tom Taylor TOLG, Appellant, v. T. Ralph GRIMES, Sheriff of Fulton County, Georgia, Appellee. T. Ralph GRIMES, Sheriff of Fulton County, Georgia, Appellant, v. Tom Taylor TOLG, Appellee.

United States Court of Appeals Fifth Circuit.

January 24, 1966.

Attorney(s) appearing for the Case

Donald L. Hollowell, Atlanta, Ga., Jack Greenberg, New York City, James M. Nabrit, III, Derrick Bell, New York City, Howard Moore, Jr., Atlanta, Ga., Sheila Rush, New York City, of counsel, for Tolg.

Albert Sidney Johnson, Asst. Atty. Gen., J. Robert Sparks, Asst. Sol. Gen., Peyton S. Hawes, Jr., Asst. Atty. Gen., Atlanta, Ga., Eugene Cook, Atty. Gen., William T. Boyd, Sol. Gen. Atlanta Judicial Circuit, for Grimes.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.

TUTTLE, Chief Judge:

This appeal presents the question whether the passage of the Civil Rights Act of 1964, given the retroactive effect that was given it by Hamm v. City of Rock Hill, South Carolina, 1964, 379 U.S. 306, 85 S.Ct. 384, 13 L.Ed.2d 300, required the invalidation by a Federal Court on petition for habeas corpus of a State Court conviction under an antitrespass statute, invoked by...

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