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GUICE v. FORTENBERRY

No. 83-4022.

722 F.2d 276 (1984)

Billy GUICE and Howard Claxton, Sr., Petitioners-Appellants, v. Ray FORTENBERRY, Superintendent, East Carroll Parish Prison Farm, Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 13, 1984.

Attorney(s) appearing for the Case

Samuel Thomas, Tallulah, La., for petitioners-appellants.

James David Caldwell, Asst. Dist. Atty., Tallulah, La., for respondent-appellee.

Before RUBIN, GARWOOD and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 13, 1984.

E. GRADY JOLLY, Circuit Judge:

Billy Guice and Howard Claxton appeal the denial of their petition for writs of habeas corpus, which is based on their claim that blacks were excluded from service as foremen on the state grand jury that indicted them. This court, sitting en banc, remanded the case for an evidentiary hearing on the issue of racial discrimination in the selection of the grand jury foreman...

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