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SHULER v. WAINWRIGHT

No. 72-2481.

491 F.2d 1213 (1974)

Robert SHULER and Jerry Chatman, Petitioners-Appellees, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tampa, Fla., Gordon G. Oldham, Jr., Leesburg, Fla., Dan R. Warren, Daytona Beach, Fla., for respondent-appellant.

Tobias Simon, Elizabeth J. duFresne, Miami, Fla., Jack Greenberg, Charles S. Ralston, Jack H. Himmelstein, New York City, Anthony G. Amsterdam, Stanford University Law School, Stanford, Cal., for petitioners-appellees.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

COLEMAN, Circuit Judge:

This is an appeal from a judgment granting habeas corpus relief to Robert Shuler and Jerry Chatman, Shuler v. Wainwright, 341 F.Supp. 1061 (M.D., Fla., 1962). In part, we reverse the judgment of the District Court and we remand the remainder for further proceedings.

In Lake County, Florida, on the night of March 10, 1960, a fifty-six year old spinster, who lived alone, was driven from her home by...

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