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UNITED STATES v. BRUMLEY

No. 76-1895.

560 F.2d 1268 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. George W. BRUMLEY, Sr., Robert W. Harrison, and William T. Thomas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1977.

Attorney(s) appearing for the Case

Chester Bedell, John A. DeVault, III, Jacksonville, Fla., for Brumley.

John J. Sullivan, Savannah, Ga., Lacy Mahon, Jr., Jacksonville, Fla., for Harrison and Thomas.

William T. Moore, Jr., U. S. Atty., Augusta, Ga., Judith E. Wolf, Appellate Section, Civil Rights Div., J. Stanley Pottinger, Asst. Atty. Gen., Walter W. Barnett, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before COLEMAN, MORGAN and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

This criminal case was once pursued to exhaustion by Wyman Westberry as the plaintiff in a civil rights suit, see Westberry v. Gilman Paper Company, 60 F.R.D. 447 (S.D., Ga., 1973).1

The controversy is here on a second appellate visit as the result of a criminal prosecution on substantially the same facts, handled by the Civil Rights Division of the Department...

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