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COLON v. HENDRY

No. 26602.

408 F.2d 864 (1969)

Efrain Rivera COLON, Plaintiff-Appellant, v. E. A. "Doug" HENDRY, Sheriff, Collier County, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

March 18, 1969.

Attorney(s) appearing for the Case

Joseph C. Segor, Eleanor L. Schockett, Miami, Fla., for appellant.

George Vega, Jr., B. Clarke Nichols, Carroll, Vega, Brown & Nichols, Naples, Fla., for appellee.

Before PHILLIPS, BELL and MORGAN, Circuit Judges.

BELL, Circuit Judge:

The background of this case is a petition by a state prisoner for a federal writ of habeas corpus. The petition was filed on March 1, 1968. Although successful in that endeavor, petitioner now finds that the activities which resulted in the original misdemeanor charges against him have undergone a form of metamorphosis in the eyes of the state. He is now charged with a felony on the basis of the same...

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