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UNITED STATES v. CAVELL

No. 13324.

294 F.2d 12 (1961)

UNITED STATES of America ex rel. Donald TILLERY v. Angelo C. CAVELL, Warden, Western State Penitentiary, Pittsburgh 33, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided July 18, 1961.

Attorney(s) appearing for the Case

William Claney Smith, Pittsburgh, Pa., (Edward C. Boyle, Dist. Atty. of Allegheny County, Pittsburgh, Pa., on the brief), for appellant.

John P. Flaherty, Jr., East Pittsburgh, Pa., for appellee.

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

FORMAN, Circuit Judge.

This is an appeal by Angelo C. Cavell,1 Warden of the Western State Penitentiary of Pennsylvania, from an order of the United States District Court of the Western District of Pennsylvania, discharging Donald Tillery from custody in that prison following his petition for a writ of habeas corpus.

At the outset we are met with a motion by Tillery to quash the appeal...

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