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UNITED STATES v. FOGEL

Nos. 12295, 12316.

395 F.2d 291 (1968)

UNITED STATES of America ex rel. H. Rap BROWN, Relator, Appellant, v. Honorable Raymond FOGEL, City Sergeant, Alexandria, Virginia, Respondent, Appellee (two cases).

United States Court of Appeals Fourth Circuit.

Decided April 11, 1968.

Opinion Filed April 19, 1968.

Attorney(s) appearing for the Case

William M. Kunstler, New York City (Murphy Bell, Baton Rouge, La., Arthur Kinoy, New York City, Morton Stavis, Newark, N. J., Howard Moore, Jr., Atlanta, Ga., Philip J. Hirschkop, Dennis Roberts, Harriet Van Tassel and George Logan, III, Newark, N. J., on memorandum), for appellant.

Reno S. Harp, III, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen. of Virginia, and Earl F. Wagner, Commonwealth's Atty. for City of Alexandria, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Immediately following the argument and conference, we announced our judgment in these consolidated appeals. We now proceed to state the reasons for our conclusions.

The background of the present appeals was considered by us in Brown v. Fogel, 387 F.2d 692 (4 Cir. 1967), and it is unnecessary for us to repeat the facts recited there. In No. 12,295 we are asked to review orders of the district judge, entered...

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