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DAVIS v. STATE OF ALABAMA

No. 24265.

399 F.2d 527 (1968)

John DAVIS and Fronzie Hazzard et al., Appellants, v. STATE OF ALABAMA, Appellee.

United States Court of Appeals Fifth Circuit.

August 1, 1968.

Attorney(s) appearing for the Case

Oscar W. Adams, Jr., Birmingham, Ala., Vernon Z. Crawford, Mobile, Ala., Melvyn H. Zarr, New York City, for appellants.

J. Massey Edgar, Dist. Atty., Butler, Ala., Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before TUTTLE, THORNBERRY and GODBOLD, Circuit Judges.

PER CURIAM:

These are companion cases with Whatley v. City of Vidalia, 5 Cir., 399 F.2d 521, July 11, 1968, in that they were argued at the same sitting of the court and are controlled by what we have said in the Whatley case.

What is actually before the court here are two separate appeals — one by John Davis and the other by Fronzie Hazzard and twenty-five other persons, all seeking removal of state prosecutions to...

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