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LOKOS v. CAPPS

Civ. A. Nos. 2678-N, 2776-N.

377 F.Supp. 287 (1974)

Dezso John LOKOS, Petitioner, v. Walter CAPPS, Warden, Respondent. Gerald EATON, Petitioner, v. Walter CAPPS, Warden, Respondent.

United States District Court, M. D. Alabama, N. D.

June 19, 1974.

Attorney(s) appearing for the Case

Robert D. Segall, Montgomery, Ala., for Lokos.

J. Paul Lowery, Montgomery, Ala., for Eaton.

David W. Clark, Asst. Atty. Gen., Montgomery, Ala., for Capps.

ORDER

VARNER, District Judge.

These causes are submitted upon the Respondent's motions for summary judgment and the pleadings, affidavits and stipulations of the various parties.

Petitioners were convicted of murder and sentenced to death in the Circuit Court of Sumter County in March, 1964. These sentences have been corrected, and each is serving a life sentence. It has not been suggested that Petitioners have not exhausted their State remedies...

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