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WASHINGTON v. CLEMMER

No. 18602.

339 F.2d 725 (1964)

William Andrew WASHINGTON, Appellant, v. Donald CLEMMER et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1964.

Attorney(s) appearing for the Case

Mr. Edward E. O'Neill, Washington, D. C., with whom Mr. Alan M. Perlman, Silver Spring, Md., was on the pleadings, for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the pleadings, for appellees. Mr. Lawrence S. Schaffner, Asst. U. S. Atty., also entered an appearance for appellees.

Before BAZELON, Chief Judge, and WASHINGTON and WRIGHT, Circuit Judges.

PER CURIAM:

This case, concerning the procedures required by law for a preliminary hearing, returns to us again. On May 9, 1964, we reversed the District Court's denial of habeas corpus and directed that the writ be made absolute on May 11 unless appellant had been afforded, before then, a preliminary hearing complying with the following:

"(1) That probable cause be established by competent evidence. "(2) That there be present at the preliminary...

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