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LABAT v. McKEITHEN

Civ. A. No. 3107.

243 F.Supp. 662 (1965)

Edgar LABAT v. The Honorable John McKEITHEN, Governor of the State of Louisiana, the Honorable H. L. Hanchey, Acting Warden of Louisiana State Penitentiary.

United States District Court E. D. Louisiana, Baton Rouge Division.

July 27, 1965.

Attorney(s) appearing for the Case

Benjamin E. Smith, Smith, Waltzer, Jones & Peebles, New Orleans, La., for plaintiff.

Jack P. F. Gremillion, Atty. Gen. of Louisiana, Thomas W. McFerrin, James E. Phillips, Jr., Sp. Counsel, Baton Rouge, La., for defendants.

WEST, District Judge.

The two questions presented for determination in this suit are first, whether or not a state has the right, by legislation, to regulate, control, and limit the correspondence which a death row prisoner may carry on with persons outside of the penitentiary, and secondly, whether or not Louisiana has, by statute, legally done so. This Court answers both questions in the affirmative.

Plaintiff, Edgar Labat, has been confined to the Louisiana...

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