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PEOPLE OF STATE OF NEW YORK v. DAVIS

No. 370, Docket 32989.

411 F.2d 750 (1969)

The PEOPLE OF the STATE OF NEW YORK, Respondent-Appellee, v. David DAVIS, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided March 28, 1969.

Attorney(s) appearing for the Case

Henry F. Minnerop, New York City, for petitioner-appellant.

Barry L. Mendelson, Asst. Dist. Atty. (Burton B. Roberts, Dist. Atty., Bronx County), for respondent-appellee.

Before WATERMAN and FRIENDLY, Circuit Judges, and POLLACK, District Judge.

FRIENDLY, Circuit Judge:

This appeal requires us to consider the scope of the civil rights removal statute, 28 U.S.C. § 1443(1), as construed by the Supreme Court in Georgia v. Rachel, 384 U.S. 780, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966), and City of Greenwood, Miss. v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966).

Appellant Davis sought to remove to the District Court for the...

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