Cooper v. State of Alabama, 22424.
Decision Date | 06 December 1965 |
Docket Number | No. 22424.,22424. |
Citation | 353 F.2d 729 |
Parties | Annie Lee COOPER and Stanley Leroy Wise, Appellants, v. STATE OF ALABAMA, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Peter A. Hall, Birmingham, Ala., Norman C. Amaker, New York City, Jack Greenberg, Charles H. Jones, Jr., Charles Stephen Ralston, Melvyn Zarr, New York City, Anthony G. Amsterdam, Philadelphia, Pa., for appellants.
Richmond M. Flowers, Atty. Gen., Gordon Madison, Asst. Atty. Gen., Montgomery, Ala., Thomas G. Gayle, Selma, Ala., Blanchard L. McLeod, Camden, Ala., for appellee.
Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.
This appeal seeks review of an order remanding the cases against Cooper and Wise to the State court from which they had been removed. Since the removals were sought pursuant to 28 U.S.C.A. § 1443, the order of remand is reviewable by appeal. 28 U.S.C.A. § 1447(d); People of State of New York v. Galamison, 2 Cir. 1964, 342 F.2d 255, 257.
The only proceedings disclosed by the brief record are the original petition for removal, an amendment thereto, and the order of the district court directing the United States Marshal to take custody of numerous other individual defendants whose cases were removed, but remanding these two cases. No motion to remand appears in the record. The district court stayed the order of remand pending this appeal.
Since the order remanding these cases was entered without a hearing, the allegations of the removal petition must be taken as true for purposes of this appeal. Rachel v. State of Georgia, 5 Cir. 1965, 342 F.2d 336, 337; Peacock v. City of Greenwood, 5 Cir. 1965, 347 F.2d 679; Cox v. State of Louisiana, 5 Cir. 1965, 348 F.2d 750.
So far as they relate to Cooper and Wise, those allegations are accurately summarized in appellants' brief, as follows:
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