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THORNTON v. CALDWELL

No. 71-1603 Summary Calendar.

454 F.2d 1167 (1972)

Gary Allister THORNTON, Petitioner-Appellee, v. E. B. CALDWELL, Warden, Georgia Diagnostic & Classification Center, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 2, 1972.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Dorothy T. Beasley, Asst. Atty. Gen., Atlanta, Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Stanley H. Nylen, Atlanta, Ga., Clarence F. Seeliger, Atlanta, Ga., for petitioner-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 2, 1972.

PER CURIAM:

The final order of the district court is affirmed. Smith v. Smith, 5 Cir. 1971, 454 F.2d 572.

Affirmed.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on...

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