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HARDWICK v. DOOLITTLE

No. 76-1065.

558 F.2d 292 (1977)

Bobby HARDWICK, Petitioner-Appellant, v. Ollie DOOLITTLE, Jailer and William Anderson, Sheriff, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

A. Russell Blank, Atlanta, Ga., for petitioner-appellant.

Richard L. Powell, Robert C. Daniel, Jr., Richmond County Atty., Augusta, Ga., for respondents-appellees.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 25, 1977. See 561 F.2d 630.

TUTTLE, Circuit Judge:

Twenty two years before Congress in 1867 first authorized federal courts to entertain writs of habeas corpus on behalf of state prisoners, Ex parte Partington, 13 M. & W. 679, 683-84, 153 Eng.Rep. 284, 286 (Ex. 1845), described a particularly persistent habeas petitioner:

"This case had already been before...

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