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HURTADO v. UNITED STATES

No. 71-2034. Summary Calendar.

452 F.2d 951 (1971)

Felipe Juarez HURTADO et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1972.

Attorney(s) appearing for the Case

Albert Armendariz, Sr., El Paso, Tex., plaintiffs-appellants.

Seagal V. Wheatley, U. S. Atty., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for defendant-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The five appellants are aliens who, as material witnesses in pending federal criminal prosecutions have been incarcerated pursuant to Rule 46(b), F.R. Crim.P.,1 upon failure to give bail. Some of them were confined at the time suit was filed; others had been recently released. On behalf of themselves and a class of persons similarly situated they filed suit challenging the validity of payment to them, pursuant to...

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