BORING JR. v. STATE OF MISSISSIPPI

No. 29751 Summary Calendar.

431 F.2d 484 (1970)

Thomas C. BORING, Jr., and Mona Citro, Plaintiffs-Appellants, v. STATE OF MISSISSIPPI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 25, 1970.


Attorney(s) appearing for the Case

W. S. Moore, Jackson, Miss., for plaintiffs-appellants.

A. F. Summer, Atty. Gen. of Miss., Jackson, Miss., George Everett, Dist. Atty., John J. Fraiser, Jr., Leflore County Pros. Atty., James W. Burgoon, Jr., Asst. Dist. Atty., Greenwood, Miss., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM:

This is an appeal from an order of the District Court granting a motion to remand to the state court an attempted removal, under 28 U.S.C.A. § 1443(1), of state criminal prosecutions for possession of marihuana and restricted drugs. Appellants stand solely on the proposition that City of Greenwood, Mississippi v. Peacock, 1966, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944, should be overruled. The appeal is patently...

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