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WARREN v. CONNOR

No. 21853.

365 F.2d 590 (1966)

James WARREN et al., Appellants, v. Richard A. CONNOR, Sheriff, City Court of Savannah, et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 29, 1966.

Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., Jack Greenberg, Charles H. Jones, Jr., New York City, James M. Nabrit, III, New York City, Sheila Rush, New York City, of counsel, for appellants.

Peyton S. Hawes, Jr., Albert Sidney Johnson, Asst. Attys. Gen., Atlanta, Ga., John W. Sognier, Savannah, Ga., Eugene Cook, Atty. Gen., Atlanta, Ga., for appellees.

Before BROWN, WISDOM, and THORNBERRY, Circuit Judges.

PER CURIAM:

The only significant procedural difference between this case and Tolg v. Grimes, 5 Cir., 1966, 355 F.2d 92, cert. denied, 384 U.S. 988, 86 S.Ct. 1887, 16 L.Ed.2d 1005 [June 13, 1966], is that here, instead of assuming jurisdiction to decide the substantive legal and factual issues presented by Appellants' petitions for habeas corpus, the District Court, adopting the contention of the State authorities, dismissed the petitions...

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