Reverend John M. Perkins v. State of Mississippi

JOHN R. BROWN, Chief Judge,

with whom WISDOM, GOLDBERG and AINSWORTH, Circuit Judges, join dissenting :

I

For the reasons set forth in my extended dissent to the panel’s opinion *1372Perkins v. Mississippi, 5 Cir., 1972, 455 F.2d 7, 11 to 61, I continue steadfastly in the belief that denial of a right of removal, 28 U.S.C.A. § 1443(1), cannot be justified.

II

I am of the view that this serious question — never free from doubt as one attempts to match Rachel against Peacock — deserves an articulated discussion of the controlling principles. The panel opinion never discusses the appropriate standard —…