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ADDERLY v. WAINWRIGHT

No. 67-298-Civ-J.

272 F.Supp. 530 (1967)

John Alfred ADDERLY, John Henry Roberts, Joseph Montgomery, James E. Collins, Thomas Allen, Henry J. Carswell, and all other persons similarly situated, Petitioners, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent.

United States District Court M. D. Florida, Jacksonville Division.

August 9, 1967.

Attorney(s) appearing for the Case

Anthony G. Amsterdam, Philadelphia, Pa., Tobias Simon, American Civil Liberties Union, Miami, Fla., for petitioners.

Earl Faircloth, Atty. Gen., David U. Tumin, Wallace E. Allbritton, Asst. Attys. Gen., Tallahassee, Fla., for respondent.

ORDER

WILLIAM A. McRAE, Jr., District Judge.

On April 13, 1967, this Court issued an Order for Hearing and Stay of Execution based upon a Petition for Writ of Habeas Corpus on behalf of Petitioners and all other persons similarly situated. Because of the complex and unique procedural questions raised as to the propriety of a joint petition and a class action in a habeas corpus proceeding, a preliminary hearing was held on July 27, 1967.

The questions...

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