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HARVEY v. SMYTH

No. 7, Misc.

369 U.S. 152 (1962)

82 S.Ct. 686

7 L.Ed.2d 782

HARVEY, ALIAS McCARGO, v. SMYTH, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Petitioner pro se.

Reno S. Harp III, Assistant Attorney General of Virginia, for respondent.

PER CURIAM.

The motion to substitute W. K. Cunningham, Jr., in the place of W. Frank Smyth, Jr., as the party respondent is granted. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are also granted. The judgment is reversed. Chewning v. Cunningham, 368 U.S. 443.

MR. JUSTICE WHITTAKER took no part in the consideration or decision...

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