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PIAZZOLA v. WATKINS

No. 30332.

442 F.2d 284 (1971)

Frank PIAZZOLA and Terrance Marinshaw, Petitioners-Appellees, v. John WATKINS, Warden, Draper Correctional Institute, and Glen Thompson, Warden, Medical and Diagnostic Center, Mt. Meigs, Alabama, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

April 27, 1971.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Richard F. Calhoun, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellants.

Morris S. Dees, Jr., Joseph J. Levin, Jr., Levin & Dees, Montgomery, Ala., for petitioners-appellees.

Before RIVES, THORNBERRY and CLARK, Circuit Judges.

RIVES, Circuit Judge:

The district court granted habeas corpus to two Alabama prisoners and ordered their release. Piazzola and Marinshaw v. Watkins, M.D.Ala.1970, 316 F.Supp. 624. The appellants advance two contentions for reversal: (1) that the appellees have not exhausted the remedies available in the courts of the State as required by 28 U.S.C. § 2254; and (2) that the search and seizure which the district court found...

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