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PERKINS v. STATE OF MISSISSIPPI

No. 30410.

470 F.2d 1371 (1972)

Reverend John M. PERKINS et al., Petitioners-Appellants, v. STATE OF MISSISSIPPI, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 20, 1972.

Attorney(s) appearing for the Case

Frank R. Parker, Constance Iona Slaughter, Lawrence D. Ross, Lawyers' Committee for Civil Rights Under Law, Jackson, Miss., for petitioners-appellants.

A. F. Summer, Atty. Gen., Ed Davis Noble Jr., Sp. Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM, and RONEY, Circuit Judges.

PER CURIAM:

Upon rehearing en banc, including briefs and oral argument, the judgment of the District Court is affirmed.1

BELL, Circuit Judge, with whom GEWIN, Circuit Judge, joins, specially concurring:

I agree that these criminal cases could not be removed under 28 U.S.C.A. § 1443(1), as construed in Greenwood v. Peacock, 1966, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944.

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