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HAYES v. UNITED STATES

No. 71-3298.

464 F.2d 1252 (1972)

Fred Loyd HAYES and Kenneth Ray McMaster, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing August 3, 1972.

Attorney(s) appearing for the Case

George Washington, Jr., Washington & Washington, Tulsa, Okl., for plaintiffs-appellants.

Roby Hadden, U. S. Atty., Dale Long, Asst. U. S. Atty., Tyler, Tex., Monica Gallagher, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., David L. Norman, Asst. Atty. Gen., John C. Hoyle, Atty., U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., for defendant-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc August 3, 1972.

SIMPSON, Circuit Judge:

We review on appeal the denial by the district court of post-conviction relief sought under Title 28, U.S.C., Section 2255.

On July 23, 1970, the grand jury for the Eastern District of Texas returned a two-count indictment against Fred Loyd Hayes and Kenneth Ray McMaster (appellants). Count 1 alleged a violation of Title 18, U.S.C., Section 241,1 and...

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