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BOYER v. CITY OF ORLANDO

No. 26816.

402 F.2d 966 (1968)

William Napoleon BOYER, Petitioner, v. CITY OF ORLANDO, Respondent.

United States Court of Appeals Fifth Circuit.

October 18, 1968.

Attorney(s) appearing for the Case

Jerome J. Bornstein, Orlando, Fla., for petitioner.

Joseph X. DuMond, Jr., Asst. City Atty., Orlando, Fla., for respondent.

Before JOHN R. BROWN, Chief Judge, and RIVES and McENTEE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case comes to us on a motion for expedited appeal of the denial by the District Court of a writ of habeas corpus. We find that there is such doubt that Boyer has exhausted his available State remedies and therefore deny the petition for expedited appeal, vacate the judgment of the District Court, remand the case with directions to release Boyer on bail pending initial determination of the...

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