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MITCHELL v. GENUNG

No. 72-1518.

457 F.2d 1315 (1972)

John Edward MITCHELL, Petitioner-Appellee, v. Donald S. GENUNG, Sheriff of Pinellas County, Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1972.

Attorney(s) appearing for the Case

P. A. Pacyna, Asst. Atty. Gen., Tampa, Fla., James T. Russell, State's Atty., Clearwater, Fla., Robert L. Shevin, Atty. Gen., Tampa, Fla., for respondent-appellant.

Joel P. Yanchuck, St. Petersburg, Fla., for petitioner-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

BY THE COURT:

It appearing that the appeal in this court as well as the habeas proceeding in the district court are now moot because of the subsequent plea of guilty by appellee to the state charges in question, the judgment of the district court is vacated and the cause is remanded to the district court with direction to dismiss the proceeding as being moot. Cf. United States v. Munsingwear, Inc., 1950, 340...

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