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313 F.2d 632

Docket No. 19921.

Gillette v. Heritage

Fifth Circuit Court of Appeals · decided 1963-03-01

2 counsel of record

Relies on Johnson v. Wilkinson · Keenan v. Brown

Opinion by Per Curiam · Decided 1963-03-01

Joseph Lefkoff, Atlanta, Ga., for appellant.

Charles L. Goodson, U.S. Atty., Burton Brown, Asst. U.S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, and POPE1 and JONES, Circuit Judges.

PER CURIAM.

¶1

It appearing that this habeas corpus case was decided by the trial court on the authority of Johnson v. Wilkinson, 5 Cir., 279 F.2d 683, we conclude that it was not error for the court to decide the case without hearing.

¶2

The judgment of the district court was correct. It is, therefore,

¶3

Affirmed.

1

Of the Ninth Circuit, sitting by designation

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