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FLEMING v. KELLY

No. 26872.

438 F.2d 1147 (1971)

Charles FLEMING, Petitioner-Appellant, v. Asa KELLY, Director, State Board of Corrections, Atlanta, Georgia, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 7, 1971.

Attorney(s) appearing for the Case

James E. Yates, III, Savannah, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for respondents-appellees.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

Rehearing Denied and Rehearing En Banc Denied April 7, 1971.

PER CURIAM:

This Court, on May 9th, 1969, entered an order affirming the judgment of the trial court in this state habeas corpus case, 438 F.2d 1147. That judgment was based on the case of Mosley v. Smith (5 Cir.) 404 F.2d 346. That judgment was subsequently suspended by an order of this...

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