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DUNCAN v. PEREZ

No. 31089.

445 F.2d 557 (1971)

Gary DUNCAN, Plaintiff-Appellee, v. Leander H. PEREZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1971.

Attorney(s) appearing for the Case

Sidney W. Provensal, Jr., New Orleans, La., for defendant-appellant.

Alvin J. Bronstein, Cambridge, Mass., George M. Strickler, Jr., New Orleans, La., Richard B. Sobol, Washington, D. C., Thomas C. Grey, Washington, D. C., Anthony G. Amsterdam, Stanford Law School, Stanford, Cal., Robert F. Collins, Nils R. Douglas, New Orleans, La., for plaintiff-appellee; Donald Juneau, Shiprock, N. M., Robert P. Roberts, New York City, of counsel.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

SIMPSON, Circuit Judge:

On October 20, 1970, the district judge entered an order supported by a detailed opinion, permanently enjoining Leander Perez, Jr., the District Attorney of Plaquemines Parish, Louisiana, from further prosecuting the appellee, Gary Duncan, in the Louisiana state courts on a charge of simple battery. Duncan v. Perez, E.D.La.1970, 321 F.Supp. 181. The United States Supreme Court, on February 23, 1971, decided...

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