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SINCLAIR v. HENDERSON

No. 30025 Summary Calendar.

435 F.2d 125 (1970)

Billy Wayne SINCLAIR, Petitioner-Appellant, v. C. Murray HENDERSON, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 17, 1970.

Attorney(s) appearing for the Case

Billy W. Sinclair, pro se.

Jack P. F. Gremillion, Atty. Gen., Baton Rouge, La., for appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Billy Wayne Sinclair filed a petition in the nature of a civil rights action in the district court which was denied without an evidentiary hearing or a response by the defendant.1 We vacate the judgment below and remand the case for reconsideration on the merits.

Sinclair is an inmate on "Death Row" at the Louisiana State Penitentiary. The gravamen of his complaint is that...

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