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THERIAULT v. UNITED STATES

Nos. 72-1712, 72-2897 Summary Calendar.

481 F.2d 1193 (1973)

Harry William THERIAULT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Harry THERIAULT, Petitioner-Appellant, v. MOBILE CITY JAIL, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 27, 1973.

Attorney(s) appearing for the Case

Vincent F. Kilborn, III, Mobile, Ala., Court-appointed for petitioner-appellant.

C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for the United States.

Fred Collins, City Atty., Mobile, Ala., James H. Lackey, Deputy City Atty., William J. Baxley, Atty. Gen., Montgomery, Ala., for Mobile City Jail.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM.

Harry Theriault filed suit against the Mobile City Jail complaining of alleged inhumane conditions in the jail. After a nonjury trial the district court concluded that Theriault's claims were "without merit, frivolous and the evidence in support of them totally insufficient." During the course of the hearing, Theriault was twice cited in contempt, once when he called a witness a "liar" and again when he told the district judge to "stick the whole G__ d___...

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