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Gornto v. MacDougall

United States Court of Appeals, Fifth Circuit
Jul 18, 1973
482 F.2d 361 (5th Cir. 1973)

Summary

vacating as moot published opinion where habeas appeal was argued and submitted prior to petitioner's death but where opinion was filed after petitioner's death

Summary of this case from Griffey v. Lindsey

Opinion

No. 72-1970.

July 18, 1973.

Hugh W. Gibert, Andrew C. Hall, Atlanta, Ga., Jack S. Hutto, Brunswick, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., William R. Killian, Brunswick, Ga., Daniel I. MacIntyre, Atlanta, Ga., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Georgia.

Before TUTTLE, BELL and AINSWORTH, Circuit Judges.


The opinion of this court in the within appeal from the denial of habeas corpus relief to appellant from her state sentence was issued on June 27, 1973. On July 2, 1973, counsel for the parties stipulated that appellant died on March 15, 1973, and for that reason have moved to dismiss the appeal as being moot.

The motion is granted; the opinion of this court is vacated, and the cause is remanded to the district court with direction that the case be dismissed. Hann, Warden v. Hawk, 8 Cir., 1953, 205 F.2d 839.

Remanded with direction.


Summaries of

Gornto v. MacDougall

United States Court of Appeals, Fifth Circuit
Jul 18, 1973
482 F.2d 361 (5th Cir. 1973)

vacating as moot published opinion where habeas appeal was argued and submitted prior to petitioner's death but where opinion was filed after petitioner's death

Summary of this case from Griffey v. Lindsey
Case details for

Gornto v. MacDougall

Case Details

Full title:ANNIE C. GORNTO, PETITIONER-APPELLANT, v. ELLIS C. MacDOUGALL…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 18, 1973

Citations

482 F.2d 361 (5th Cir. 1973)

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