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ALVIS v. KIMBROUGH

No. 71-3243 Summary Calendar.

455 F.2d 922 (1972)

George Perlam ALVIS, Petitioner-Appellant, v. William G. KIMBROUGH, Chief of Police of Coral Gables, Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 22, 1972.

Attorney(s) appearing for the Case

Bruce S. Rogow, Miami, Fla., for petitioner-appellant.

Spooner & Zahner, Charles H. Spooner, City Attys., Coral Gables, Fla., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

On the previous appeal of this habeas corpus case, we vacated and remanded on the denial of counsel issue. We left the question of waiver of the right to counsel to be settled on remand. Alvin v. Kimbrough, 5 Cir., 1971, 446 F.2d 548.

On the subsequent federal hearing the district court, after hearing the testimony of the municipal judge, concluded:

"This court finds that a statement appropriately made...

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