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WALKER v. RODGERS

Misc. No. 3138.

389 F.2d 961 (1968)

Wesley WALKER, Jr., Petitioner, v. Charles M. RODGERS et al., Respondents.

United States Court of Appeals District of Columbia Circuit.

January 11, 1968.

Attorney(s) appearing for the Case

Mr. Wesley Walker, Jr., filed the petition, pro se.

Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., entered appearances for respondents.

Before BURGER, McGOWAN and ROBINSON, Circuit Judges.

PER CURIAM:

On May 15, 1967, while petitioner was in jail serving sentence on other offenses, the grand jury returned an original indictment charging him with robbery and assault with a deadly weapon. On August 14, 1967, he petitioned the District Court for a writ of mandamus ordering the indictment dismissed on the ground of a due process deprivation of a preliminary hearing, relying on Blue v. United States, 119 U.S.App.D.C. 315, 342 F.2d 894

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