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JOHNSTON v. MARSH

No. 11713.

227 F.2d 528 (1955)

Frank C. JOHNSTON, Warden of Western State Penitentiary, Pittsburgh, Pa., Petitioner, v. Honorable Rabe F. MARSH, United States District Judge for the Western District of Pennsylvania, Alfred J. Ackerman, Intervenor.

United States Court of Appeals Third Circuit.

Decided November 30, 1955.

Attorney(s) appearing for the Case

Wendell G. Freeland, Pittsburgh, Pa. (Herbert B. Cohen, Atty. Gen., of Pennsylvania, Frank P. Lawley, Jr., Deputy Atty. Gen., James F. Malone, Jr., Dist. Atty. of Allegheny County, S. Donald Wiley, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for petitioner.

D. Malcolm Anderson, Jr., Pittsburgh, Pa. (Hubert I. Teitelbaum, First Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for respondent.

Marjorie Hanson Matson, Pittsburgh, Pa., for intervenor.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

The Court has before it a petition for writs of prohibition and mandamus directed to Judge Marsh of the United States District Court for the Western District of Pennsylvania. The petition will be denied for the reasons set out in the opinion below. United States ex rel. Ackerman v. Commonwealth of Pennsylvania, 133 F.Supp. 627.

Alfred J. Ackerman was convicted of various offenses in the state courts...

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