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WHORLEY v. BRILHART

Civ. A. No. 196-73-R.

359 F.Supp. 539 (1973)

Charles William WHORLEY v. W. H. BRILHART et al.

United States District Court, E. D. Virginia, Richmond Division.

May 23, 1973.

Attorney(s) appearing for the Case

John C. Lowe, Charlottesville, Va., for plaintiff.

Robert E. Shepherd, Jr., Asst. Atty. Gen., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

This case presents the unique and difficult question of an interaction of two federal remedies, habeas corpus pursuant to 28 U.S.C. § 2254 and the Civil Rights Act of 1866, 42 U.S.C. § 1983. On September 26, 1969, Charles William Whorley was tried and convicted in the Municipal Court of the City of Lynchburg, Virginia, of driving while under the influence of intoxicants, second offense. He was sentenced to jail...

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