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BASTIDA v. BRANIFF

No. 71-1042.

444 F.2d 396 (1971)

Leonard N. BASTIDA, Petitioner-Appellee, v. Hon. Matthew S. BRANIFF, Judge, Div. "B", etc., et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 12, 1971.

Attorney(s) appearing for the Case

Numa V. Bertel, Jr., Asst. Dist. Atty., Jim Garrison, Dist. Atty., Parish of Orleans, New Orleans, La., for respondents-appellants.

George M. Strickler, Jr., John P. Nelson, Jr., New Orleans, La., for petitioner-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a decision, D. C., 321 F.Supp. 273, sustaining a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c) (3) and granting certain injunctive relief requested by the petitioner. We affirm the granting of the writ, but vacate the injunction.

Appellee, Bastida, was convicted of simple burglary in Section B of the Criminal District Court for the Parish of Orleans. The presiding...

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