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RUSSELL v. KNIGHT

No. 73-1701. Summary Calendar.

488 F.2d 96 (1973)

Eugene RUSSELL, Petitioner-Appellant, v. Honorable Judge Lamar KNIGHT, Superior Court of Troup County, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 5, 1973.

Attorney(s) appearing for the Case

Eugene Russell, pro se.

Eldridge W. Fleming, Dist. Atty., Coweta Judicial Circuit, Carrollton, Ga., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

It is ordered that the dismissal of this petition for writ of mandamus be vacated and the case remanded for further consideration by the District Court.

After conviction for arson in a Georgia state court, petitioner, Eugene Russell, on September 18, 1972, filed a notice of appeal and a motion to proceed in forma pauperis dated September 11, 1972. In an order dated September 22, 1972, respondent, the Honorable Lamar Knight, Judge, Superior...

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