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UNITED STATES v. BANMILLER

No. 13834.

310 F.2d 720 (1962)

UNITED STATES of America ex rel. Anthony SCOLERI, Appellant, v. William J. BANMILLER, Warden, Eastern State Penitentiary.

United States Court of Appeals Third Circuit.

Decided October 10, 1962.

Rehearing Denied December 11, 1962.

Attorney(s) appearing for the Case

Michael von Moschzisker, Philadelphia, Pa., for appellant.

Paul M. Chalfin, First Asst. Dist. Atty., Philadelphia, Pa. (Domenick Vitullo, Asst. Dist. Atty., Arlen Specter, Asst. Dist. Atty., Chief, Appeals Div., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.

BIGGS, Chief Judge.

In this habeas corpus proceeding, in which the writ was denied,1 we are concerned with an issue which arises under the Due Process Clause of the Fourteenth Amendment, an issue which is almost the same as that which was before us in United States ex rel. Thompson v. Price, 258 F.2d 918, 3 Cir., certiorari denied 358 U.S. 922, 77 S.Ct. 295, 3...

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