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435 F.2d 688

Docket No. 30579 Summary Calendar.*

Miller v. Henderson

Fifth Circuit Court of Appeals · decided 1970-12-14

Cited by 9 later decisions — most recently September 1971

8 federal appellate ·

3 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Waters v. Beto · Welch v. Beto

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1970-12-14

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Robert Miller, pro se.

Peter Jarvi, pro se.

Jack P. F. Gremillion, Atty. Gen., Baton Rouge, La., Louise Korns, Asst. Dist. Atty., Jim Garrison, Dist. Atty. for the Parish of Orleans, La., for appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

¶1

In this case the district court denied the joint petition of two Louisiana state prisoners for the writ of habeas corpus without making findings of fact and conclusions of law, as is required by the provisions of Rule 52(a), F.R.Civ.P. See Welch v. Beto, 5th Cir. 1968, 400 F.2d 582; Waters v. Beto, 5th Cir. 1968, 392 F.2d 74. Therefore the case is remanded to enable the district court to state its findings and conclusions. Hopkins v. United States, 5th Cir. 1970, 423 F.2d 1206.

¶2

Remanded.

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