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MATTOX v. CARSON

Nos. 27376, 27386.

424 F.2d 202 (1970)

William Oscar MATTOX, Jr., Petitioner-Appellee, v. Dale CARSON, as Sheriff of Duval County, Florida, Respondent-Appellant. Cecil Frederick LOWE, Petitioner-Appellee, v. Dale CARSON, as Sheriff of Duval County, Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 6, 1970.

Attorney(s) appearing for the Case

T. Edward Austin, State's Atty., Fourth Judicial Circuit of Fla., Ralph W. Nimmons, Jr., Asst. State's Atty., David U. Tumin, Asst. Gen. Counsel, Jacksonville, Fla., for appellant.

Walter G. Arnold, Rutledge R. Liles, Jacksonville, Fla., for petitioners-appellees, William Oscar Mattox, Jr., and Cecil Frederick Lowe.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied May 6, 1970.

BELL, Circuit Judge:

In these two cases, consolidated for opinion purposes, the sheriff of Duval County, Florida appeals from judgments of the district court discharging appellees Mattox and Lowe, pursuant to petitions for habeas corpus, from custody. We reverse.

Appellees were Jacksonville City Councilmen. The situation giving rise to these proceedings stems from an investigation by the Duval...

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