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FRINKS v. STATE OF NORTH CAROLINA

Nos. 71-2125, 72-1202.

468 F.2d 639 (1972)

Golden FRINKS et al., Appellants, v. STATE OF NORTH CAROLINA, Appellee. George KIRBY, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1972.

Attorney(s) appearing for the Case

James E. Keenan, Durham, N. C. (Paul & Keenan, Durham, N. C., on brief), for appellants Golden Frinks and others.

Thomas F. Loflin, Ill., Durham, N. C., (Loflin, Anderson & Loflin, Durham, N. C., on brief), for appellant George Kirby.

James T. Stroud, Jr., District Sol., Fifth Judicial District, for appellee.

Before SOBELOFF, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Golden Frinks and George Kirby appeal from orders of the United States District Court for the Eastern District of North Carolina, 333 F.Supp. 169, remanding to the North Carolina courts prosecutions against them which they had removed to the federal court pursuant to 28 U.S.C.A. § 1443(1). We think the district court correctly found that their petitions did not allege facts sufficient to sustain removal...

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