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WILLIAMS v. HUNT

No. 75-3881 Summary Calendar.

529 F.2d 740 (1976)

Herbert J. WILLIAMS, Plaintiff-Appellant, v. Elayn HUNT, Director, C. Murray Henderson, Warden, and Hayden Deese, Associate Warden, Louisiana State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 31, 1976.

Attorney(s) appearing for the Case

Herbert J. Williams, pro se.

William J. Guste, Jr., Atty. Gen., Robert C. Funderburk, Jr., Asst. Atty. Gen., Baton Rouge, La., for defendants-appellees.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

John R. Brown, Chief Judge:

This might be called the case of too many Herbert Williamses. The District Court dismissed without a hearing this action brought by a prisoner under 42 U.S.C.A. § 1983. We vacate and remand for determination whether one man was denied his day in Court because another man with the same name had already been given his.

Herbert J. Williams, PMB No. 68044, a prisoner at Angola, Louisiana penitentiary, filed suit on March 31, 1975...

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