BILTON v. BETO

No. 72-2375.

470 F.2d 988 (1972)

James E. BILTON, Jr., Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 27, 1972.


Attorney(s) appearing for the Case

Charles T. Newton, Jr., Houston, Tex. (Court Appointed), for petitioner-appellant.

Crawford Martin, Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Lang A. Baker, Austin, Tex., for respondent-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.


PER CURIAM:

In this civil rights suit brought under 42 U.S.C.A. § 1983, appellant, a Texas prisoner, alleged that Texas prison officials forced him to perform strenuous labor and refused to furnish medical treatment for his heart disease. On March 30, 1972, the court below dismissed the suit for failure to allege the presence of "exceptional circumstances" warranting interference in prison administration, citing, inter alia, Flint v. Wainwright, 5 Cir...

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