Legal Opinion

David Whatley v. City of Vidalia

Court of Appeals for the Fifth Circuit

Decided July 11, 1968No. 24171_1PublishedCited by 40 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

Once again we are called upon to determine whether a state prosecution of Negro citizens allegedly engaged in a federally granted and protected right of encouraging others to register and vote is removable to the Federal District Court under the principles announced by the Supreme Court in State of Georgia v. Rachel, 384 U.S. 780, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966), and as further elaborated in the City of Greenwood v. Peacock, 384 U.S. 808, 86 S.Ct. 1800, 16 L.Ed.2d 944.

The permissible scope of removal in light of Rachel and Peacock is concededly narrow. However, we…

2Cases cited6 opinions

  1. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  2. Georgia v. RachelSupreme Court of the United States · 1966
  3. Hamm v. City of Rock HillSupreme Court of the United States · 1964
  4. Ben Achtenberg, Sandra Adickes, Thomas L. Edwards, William D. Jones and Susan B. Patterson v. State of MississippiCourt of Appeals for the Fifth Circuit · 1968
  5. Zelma C. Wyche v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1967

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3Cited by40 opinions

  1. Davis v. GlantonCourt of Appeals for the Third Circuit · 1997
  2. The State of South Carolina v. James Edward MooreCourt of Appeals for the Fourth Circuit · 1971
  3. News-Texan, Inc., Cross-Appellant v. The City of Garland, Texas, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1987
  4. Jimmy Smith v. William F. Winter, Governor of the State of Mississippi, Mike Carr, Chancellor, Etc.Court of Appeals for the Fifth Circuit · 1983
  5. The People of the State of New York v. James Horelick and Sandra AdickesCourt of Appeals for the Second Circuit · 1970

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