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Tate v. Clark

United States Court of Appeals, Fifth Circuit
Sep 24, 1971
448 F.2d 784 (5th Cir. 1971)

Opinion

No. 71-1858.

September 24, 1971.

Appeal from the United States District Court for the Northern District of Georgia; Albert J. Henderson, Jr., Judge.

Clarence Tate, Jr., pro se.

John W. Stokes, Jr., U.S. Atty., Beverly B. Bates, Asst. U.S. Atty., Atlanta, Ga., for respondents-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


BY THE COURT:

It is ordered that the order of the District Court dismissing appellant's complaint is hereby vacated; and the cause is hereby remanded to the United States District Court for the Northern District of Georgia for reconsideration in light of the Supreme Court's decision in Griffin v. Breckenridge, 1971, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338.


Summaries of

Tate v. Clark

United States Court of Appeals, Fifth Circuit
Sep 24, 1971
448 F.2d 784 (5th Cir. 1971)
Case details for

Tate v. Clark

Case Details

Full title:Clarence TATE, Jr. Petitioner-Appellant, v. J.J. CLARK, Warden et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 24, 1971

Citations

448 F.2d 784 (5th Cir. 1971)