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WOOTEN v. SHOOK

Nos. 73-2213, 73-2282.

527 F.2d 976 (1975)

James Edward WOOTEN, Appellant, v. Sgt. Garland SHOOK, etc., Appellee. Wesley OTEY, Appellant, v. Paul PUCKETT, Sheriff, City of Roanoke, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1975.

Attorney(s) appearing for the Case

Buddy O. H. Herring, III [court-assigned counsel] for appellants in Nos. 73-2213 and 73-2282.

James F. Bailey, Jr. [Third-year law student] on brief, for appellant in No. 73-2213.

Paul A. Stephens, Jr. [Third-year law student] on brief, for appellant in No. 73-2282.

Alan S. Hirsch, Associate Atty. Gen. of N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., and Jacob L. Safron, Asst. Atty. Gen. of N. C., on brief), for appellee in No. 73-2213.

Robert F. Rider, Commonwealth's Atty., Roanoke, Va., for appellee in No. 73-2282.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

FIELD, Circuit Judge:

These two appeals involve actions instituted by state prisoners under 42 U.S.C. § 1983, each of which was dismissed without an evidentiary hearing. The divergent manner in which the cases were handled by the respective district courts requires that No. 73-2282 be reversed while No. 73-2213 is affirmed.

The plaintiff in Case No. 73-2213 alleged that he escaped from the Craggy Prison Unit, Asheville, North Carolina, and that when he...

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