HUDSON v. HARDY

No. 20908.

424 F.2d 854 (1970)

Wayne HUDSON, Appellant, v. Kenneth L. HARDY et al., Appellees, United States, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1970.


Attorney(s) appearing for the Case

Mr. Daniel Marcus, Washington, D. C. (appointed by this Court), for appellant.

Mr. David P. Sutton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee Hardy. Mr. Charles T. Duncan, Corporation Counsel, also entered an appearance for appellee Hardy.

Mr. Nathan Dodell, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Joseph M. Hannon, Asst. U. S. Atty. were on the brief, for intervenor.

Messrs. Melvin C. Garbow and Ralph J. Temple, Washington, D. C., filed a memorandum on behalf of National Capital Area Civil Liberties Defense and Education Fund, as amicus curiae.

Before BAZELON, Chief Judge, and WRIGHT and ROBINSON, Circuit Judges.


On Petition for Rehearing

PER CURIAM:

Our original opinion in this case was filed on February 14, 1968. Subsequent to that date, appellees petitioned for rehearing both on the merits and on the ground that, while his appeal was pending in this court, appellant had been transferred to a federal prison outside our jurisdiction; this, they suggest, renders the case moot. The United States, granted leave to intervene...

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