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Harvey v. Smyth

369 U.S. 152 Court SCOTUS Decision date 1962-03-19 Docket No. 7 English

Judges Mr. Justice Whittaker took no part in the consideration or decision of this case.

Delivered by Per Curiam.

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Majority

p. 152
HARVEY, alias McCARGO, v. SMYTH, PENITENTIARY SUPERINTENDENT.
No. 7,
Misc.
Decided March 19, 1962.
Petitioner pro se.
Reno S. Harp III, Assistant Attorney General of Virginia, for respondent.

The motion to substitute W. K. Cunningham, Jr., in the place of W. Frank Smyth, Jr., as the party respondent is granted. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are also granted. The judgment is reversed. Chewning v. Cunningham, 368 U. S. 443 .

Mr. Justice Whittaker took no part in the consideration or decision of this case.