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STARNES v. McGUIRE

Nos. 73-1034, 73-1827.

512 F.2d 918 (1974)

William Rodger STARNES, Appellant, v. Honorable Matthew F. McGUIRE Arthur Everett SMALL, Jr., Appellant, v. Honorable George L. HART, Jr.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1974.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Washington, D. C. with whom Philip J. Hirschkop, Alexandria, Va., was on the brief for appellant in No. 73-1034.

Gladys Kessler, Washington, D. C. (appointed by this court), for appellant in No. 73-1827.

Nathan Dodell, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, John A. Terry, Arnold T. Rikens, and Eric B. Marcy, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.

Argued En Banc November 8, 1973.

McGOWAN, Circuit Judge:

These cases, heard together en banc, involve in each instance a petition by a federal prisoner for a writ of mandamus compelling vacation of a District Court order transferring the underlying case to the district of the prisoner's place of confinement. At issue is the propriety of the exercise of authority granted in 28 U.S.C. § 1404(a):

For the convenience of parties and witnesses...

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