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McLAUGHLIN v. CUNNINGHAM

Civ. A. No. 71-C-20-R (Re).

344 F.Supp. 816 (1972)

John W. McLAUGHLIN, Petitioner, v. W. K. CUNNINGHAM, Jr., Director, Division of Corrections and Institutions, Respondent.

United States District Court, W. D. Virginia, Roanoke Division.

May 5, 1972.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION AND JUDGMENT

DALTON, District Judge.

John W. McLaughlin has now filed a "Petition for a Peremptory Writ of Mandamus with Motion for Judgment" under 42 U.S.C. § 1983. His original petition was dismissed by this court because he failed to allege sufficient facts to state a cause of action. Because McLaughlin presented additional facts on appeal, the United States Court of Appeals for the Fourth Circuit remanded the case for further consideration...

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