Court of Appeals for the Fifth Circuit February 9, 1971, No. 26872 (Fleming v. Kelly)

lead-opinion

PER CURIAM:

This Court, on May 9th, 1969, entered an order affirming the judgment of the trial court in this state habeas corpus ease, 438 F.2d 1147. That judgment was based on the case of Mosley v. Smith (5 *1148Cir.) 404 F.2d 346. That judgment was subsequently suspended by an order of this court pending a proposed rehearing en banc of the companion case, to wit, Salisbury v.