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BERNDTSON v. LEWIS

No. 71-1043.

465 F.2d 706 (1972)

Arthur H. BERNDTSON, Petitioner, v. Honorable Oren R. LEWIS, United States District Judge, Respondent.

United States Court of Appeals, Fourth Circuit.

August 8, 1972.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Jeffrey Axelrad, Attys., U. S. Dept. of Justice, Washington, D. C., for petitioner.

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

MEMORANDUM AND ORDER

CRAVEN, Circuit Judge:

This is a second petition for a writ of mandamus filed by Captain Berndtson to require the United States District Court to dismiss an action for libel brought against him by Lieutenant Commander Marcus A. Arnheiter.1 We denied the first petition without prejudice to the right of petitioner to renew his motion for summary judgment in the district...

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