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BELL v. TAYLOR

No. 74-3805 Summary Calendar.

509 F.2d 808 (1975)

Walter BELL, Jr., Plaintiff-Appellant, v. The Honorable Judge George D. TAYLOR, and District Attorney Tom Hanna for Jefferson County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1975.

Attorney(s) appearing for the Case

Jesse R. Funchess, Houston, Tex., for plaintiff-appellant.

Tom Hanna, Crim. Dist. Atty., Jefferson County, Stephen M. Rienstra, Beaumont, Tex., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Bell seeks to remove his state prosecution for two counts of capital murder and one count of attempting to pass a forged instrument to federal court under 28 U.S.C.A. § 1443, claiming that the alleged refusal of the state trial judge to give him sufficient time to analyze certain physical evidence in the prosecution's possession was the product of racial prejudice. The district court dismissed the petition without a hearing and remanded the prosecution...

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