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BIGGERS v. NEIL

No. 20540.

448 F.2d 91 (1971)

Archie Nathaniel BIGGERS, Petitioner-Appellee, v. William S. NEIL, Warden, Tennessee State Penitentiary, Nashville, Tennessee, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

August 18, 1971.

Attorney(s) appearing for the Case

Thomas E. Fox, Deputy Atty. Gen., Nashville, Tenn., for appellant.

Michael Meltsner, Jack Greenberg, New York City, Anthony G. Amsterdam, Stanford, Cal., Avon N. Williams, Jr., Z. Alexander Looby, Nashville, Tenn., on the brief; John P. Howland, Port Washington, N. Y., of counsel, for appellee.

Before EDWARDS, McCREE and BROOKS, Circuit Judges.

EDWARDS, Circuit Judge.

In this case we are asked by the State of Tennessee to review and reverse the issuance of a writ of habeas corpus sought by petitioner Biggers in the United States District Court for the Middle District of Tennessee. After a full hearing and after review of the full record of the proceedings in the state courts of Tennessee wherein Biggers had been convicted of rape and sentenced to 20 years in Tennessee's State Vocational Training School,...

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