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FULFORD v. KLEIN

No. 74-2723.

529 F.2d 377 (1976)

John FULFORD, Plaintiff-Appellant, v. Frank KLEIN, etc., et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted May 20, 1976.

Attorney(s) appearing for the Case

John V. Baus, John C. Combe, Jr., New Orleans, La., for plaintiff-appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Barbara B. Rutledge, Asst. Atty. Gen., John S. Baker, Louise Korns, Joseph B. Tosterud, Jr., New Orleans, La., for defendants-appellees.

Before BROWN, Chief Judge, TUTTLE and RONEY, Circuit Judges.

Rehearing En Banc Granted May 20, 1976.

RONEY, Circuit Judge:

This case represents a further development in the burgeoning field of civil rights actions brought under 42 U.S. C.A. § 1983 by state prisoners who have not exhausted their state remedies by first attacking their conviction and confinement in state courts. We hold that a § 1983 action for damages based on the withholding at trial of possible exculpatory evidence by state officials in violation...

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