UNITED STATES v. MYERS

No. 12971.

273 F.2d 959 (1960)

UNITED STATES of America ex rel. Albert SPADER, Appellant, v. David N. MYERS, Superintendent, State Penitentiary, Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 29, 1960.


Attorney(s) appearing for the Case

Albert Spader, pro se.

Domenick Vitullo, Paul M. Chalfin, Victor H. Blanc, Philadelphia, Pa. (Paul M. Chalfin, First Asst. Dist. Atty., Victor H. Blanc, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment of the District Court for the Eastern District of Pennsylvania denying the relator a writ of habeas corpus. The trial judge had originally denied the writ on the ground that Spader had not exhausted his state remedies. Following this denial Spader brought another petition for the writ alleging that prison officials were interfering with his right to petition. A hearing was held on this issue and the court specifically...

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