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UNITED STATES v. HAYES

No. 71-1165.

444 F.2d 472 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Loyd HAYES and Kenneth Ray McMaster, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1971.

Attorney(s) appearing for the Case

Grady Inzer, Longview, Tex., for defendants-appellants.

Roby Hadden, U. S. Atty., Tyler, Tex., David J. W. Vanderhoof, Monica Gallagher, Attys., Crim. Section, Civil Rights Div., Dept. of Justice, Washington, D. C., Jerris Leonard, Asst. Atty. Gen., David L. Norman, Deputy Asst. Atty. Gen., Robert S. Greenspan, Atty., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellants, Hayes and McMaster, have appealed their conviction on a two-count indictment in connection with dynamiting of 33 Longview School District buses on July 4, 1970. They are charged first with violation of 18 U.S.C. § 241 relative to conspiracy to injure a citizen in the free exercise of any right secured under the Constitution or laws of the United States, to-wit, the right to attend school without regard to race or color, pursuant...

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