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McPHATTER v. LEEKE

Civ. A. No. 77-666.

442 F.Supp. 1252 (1978)

Samuel McPHATTER, Petitioner, v. William D. LEEKE, Commissioner, and the Attorney General of the State of South Carolina, Respondents.

United States District Court, D. South Carolina, Columbia Division.

January 12, 1978.

Attorney(s) appearing for the Case

Roy T. Stuckey, Vance L. Cowden, John L. Davidson, Corrections Clinic, University of S. C. School of Law, Columbia, S. C., for petitioner.

Emmet H. Clair, Asst. Atty. Gen., Columbia, S. C., for respondents.

ORDER

CHAPMAN, District Judge.

This habeas corpus petitioner seeks relief from confinement on the grounds that his state court conviction was obtained in violation of his rights under the Fifth and Sixth Amendments. He has moved for summary judgment under Fed.R.Civ.P. 56. The trial transcript reveals that petitioner visited an automobile dealership in Marion, South Carolina, and inquired about purchasing a 1970 Pontiac. He told the salesman that his name...

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