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UNITED STATES v. ASHE

No. 10173.

182 F.2d 941 (1950)

UNITED STATES of America ex rel. Adolph PRIESTER, Appellant, v. Stanley P. ASHE, Warden, Western State Penitentiary.

United States Court of Appeals Third Circuit.

Decided June 9, 1950.

Attorney(s) appearing for the Case

Adolph Priester, pro se.

William S. Rahauser, Dist. Atty., Craig T. Stockdale, Asst. Dist. Atty., Pittsburgh, Pa., for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

PER CURIAM.

It is apparent from an examination of the briefs and record in this case that the appellant has failed to exhaust his State remedies. Ex parte Hawk, 321 U.S. 114, 64 S.Ct. 448, 88 L.Ed. 572; Darr v. Burford, Warden, 339 U.S. 200, 70 S.Ct. 587. Consequently the decree of the court below, 86 F.Supp. 673, denying him enlargement on writ of habeas corpus will...

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