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STATE OF GEORGIA v. BIRDSONG

No. 28738.

428 F.2d 1223 (1970)

The STATE OF GEORGIA, Respondent-Prosecutor-Appellee, v. Robert Clarence BIRDSONG, James Wesley Collins, Otis Lee Reese, James Edward Walker, Petitioners-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 1970.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., Edward W. Jacko, Jr., New York City, for appellants.

J. Robert Sparks, Tony H. Hight, Carter Goode, Asst. Dist. Attys., Lewis R. Slaton, Dist. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, DYER and CLARK, Circuit Judges.

PER CURIAM.

This is an appeal of an order of remand to the State Court of the criminal prosecution of the four named appellants after their removal of the cases from the Superior Court of Fulton County, Georgia to the Federal District Court allegedly under the provisions of Section 1443 (1) 28 U.S.C.A.

Each of the appellants had been indicted in Fulton County for various crimes of which they say they were innocent. However, they do not base their right of...

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