Court of Appeals for the Fifth Circuit July 9, 1971, 71-1056_1 (City of Baton Rouge v. Emmitt J. Douglas)

PER CURIAM:

At issue on this appeal is the propriety of the district court’s order remanding a criminal prosecution to the state court and denying removal of the prosecution under 28 U.S.C. § 1443(1).

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We reverse the court’s order with directions to hold an evidentiary hearing to determine whether removal is proper.

Emmitt J.