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PETERS v. KIFF

No. 30081.

441 F.2d 370 (1971)

Dean Rene PETERS, Petitioner-Appellant, v. C. P. KIFF, Warden, Macon Prison Branch, Macon County, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 13, 1971.

Attorney(s) appearing for the Case

Edward T. M. Garland, Atlanta, Ga., for petitioner-appellant.

Arthur B. Cunningham, Miami, Fla., Harold Karp, Atlanta, Ga., amicus curiae.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Dorothy T. Beasley, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 13, 1971.

LEWIS R. MORGAN, Circuit Judge:

In this appeal a Georgia state prisoner attacks the denial of his petition for the writ of habeas corpus by the district court. We affirm.

Dean Rene Peters, a white man, asks that his conviction for burglary be set aside because Negroes were systematically excluded from the grand and petit juries which indicted and convicted him. See Whitus v. Georgia, 1967...

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