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CARTER v. UNITED STATES

No. 76-1601 Summary Calendar.

547 F.2d 258 (1977)

Albert H. CARTER, Petitioner-Appellant, v. UNITED STATES of America et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 16, 1977.

Attorney(s) appearing for the Case

Albert H. Carter, pro se.

Arnold A. Vickery (Court-appointed), Houston, Tex., for petitioner-appellant.

Ronald T. Knight, U. S. Atty., Edgar Ennis, Jr., Asst. U. S. Atty., Macon, Ga., for respondents-appellees.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

Plaintiff filed this suit against the United States and various government officials, seeking to expunge all records of his earlier perjury conviction. Defendants filed a motion to dismiss the complaint and a supporting memorandum. Before the court ruled on the motion, plaintiff filed his own motion to dismiss. The motions differed in that plaintiff sought dismissal without prejudice, whereas defendants sought an adjudication on the merits...

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