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MASSIMO v. HENDERSON

No. 72-2601.

468 F.2d 1209 (1972)

Matthew MASSIMO and on the behalf of F. L. (Frank) Jones, and Robert Meyer, Petitioners-Appellants, v. The Warden, J.D. HENDERSON, et al., of the U. S. Penitentiary, Atlanta, Georgia, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

November 8, 1972.

Attorney(s) appearing for the Case

Matthew Massimo, pro se.

John W. Stokes, U. S. Atty., Anthony M. Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

This appeal derives from an order of the district court dismissing the petition of Matthew Massimo for mandamus and injunctive relief. We affirm in part and vacate and remand in part.1

Appellant, an inmate of the federal penitentiary in Atlanta, Georgia, filed a complaint in the court below seeking the release of two fellow inmates from solitary confinement and an injunction against any future use of the solitary confinement...

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