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THOMAS v. SELLERS

No. 81-7822.

691 F.2d 487 (1982)

John Cook THOMAS, Plaintiff-Appellant, v. Sara Cousins SELLERS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 8, 1982.

Attorney(s) appearing for the Case

Ira Burnim, Montgomery, Ala. (Court Appointed — Not Under Act), for plaintiff-appellant.

Larry L. Raby, Billington M. Garrett, and Elizabeth Ann Evans, Asst. Attys. Gen., Montgomery, Ala., for defendant-appellee.

Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, District Judge.

PER CURIAM:

In 1977, John Cook Thomas was sentenced to eight years in jail on a Mobile County, Alabama burglary charge. After a successful appeal and upon being re-tried he received a sentence of five years on this charge. Considering this conviction alone, appellant was scheduled for a hearing before the Alabama Board of Pardons and Paroles in January, 1979. That date was set based on appellant having served one-third of his Mobile sentence. Appellant was not aware...

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