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STATE OF GEORGIA v. LOVELESS

No. 71-2790 Summary Calendar.

454 F.2d 1209 (1972)

STATE OF GEORGIA, Prosecutor-Appellee, v. Allen LOVELESS et al., Petitioners-Appellants.

United States Court of Appeals, Fifth Circuit.

February 3, 1972.

Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., for petitioners-appellants.

Ben J. Miller, Dist. Atty., Griffin Judicial Circuit, Thomaston, Ga., for prosecutor-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

The judgment of the district court remanding the state prosecutions in question to the state court is affirmed on the authority of City of Greenwood v. Peacock, 1966, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944.

We do not reach the question posed in that part of the opinion of the district court relating to the failure of the state to prosecute. This issue was raised by plaintiffs in a motion filed after the motion...

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