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VARNEY v. STATE OF GEORGIA

No. 71-1574 Summary Calendar.

446 F.2d 1368 (1971)

Johnnie VARNEY, Petitioner-Appellant, v. The STATE OF GEORGIA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 16, 1971.

Attorney(s) appearing for the Case

Arthur P. Tranakos, Atlanta, Ga., for petitioner-appellant.

George A. Horkan, Jr., Dist. Atty., Moultrie, Ga., Robert L. Cork, Asst. Dist. Atty., Valdosta, Ga., for respondent-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Appellant Varney bases the right to remove his state court criminal prosecution upon 28 U.S.C.A. § 1443 (1950).1 We have jurisdiction of the appeal under 28 U.S.C.A. § 1447(d) (Supp. 1971). Varney complains that the district court erred in remanding the case without hearing his allegations.

Varney's indictment for theft by deception resulted from the alleged sale...

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