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PENDERGRAFT v. COOK

No. 71-1598.

446 F.2d 1222 (1971)

Mrs. Catherine T. PENDERGRAFT, Petitioner-Appellee, v. Tom D. COOK, Superintendent, Mississippi State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 12, 1971.

Attorney(s) appearing for the Case

A. F. Summer, Atty. Gen., G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, Miss., for respondent-appellant.

W. E. Gore, Jr., James B. Tucker, Jackson, Miss., for petitioner-appellee.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 12, 1971.

COLEMAN, Circuit Judge:

This case is here, on habeas corpus, for the second time. We had previously remanded it, Pendergraft v. Cook, 5 Cir., 1970, 433 F.2d 969.

Upon remand, the District Court held that the search and seizure involved in this case was not constitutionally invalid, Pendergraft v. Cook, 323 F.Supp. 967 (S...

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