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IN RE SIMS

Nos. 24271, 24272.

389 F.2d 148 (1967)

In the Matter of Isaac SIMS, Jr., Appellant. In the Matter of Richard ABRAMS, Appellant.

United States Court of Appeals Fifth Circuit.

Rehearings Denied September 28, 1967.

Attorney(s) appearing for the Case

Conrad K. Harper, James M. Nabrit, III, New York City, for appellants.

Dewey Hayes, Douglas, Arthur K. Bolton, Atty. Gen., Carter A. Setliff, G. Ernest Tidwell, Joel M. Feldman, Asst. Attys. Gen., Atlanta, Ga., for appellee.

Before TUTTLE, THORNBERRY, and GODBOLD, Circuit Judges.

Rehearings En Banc Denied September 28, 1967.

GODBOLD, Circuit Judge:

These are appeals from orders of the United States District Court for the Southern District of Georgia denying appellants' motions, filed under F.R.Civ. Proc. 27, to perpetuate testimony.

Appellants were imprisoned in Georgia penal institutions. They expected, if necessary for what they conceive to be preservation of their rights, to commence federal habeas corpus actions against...

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