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MEZZATESTA v. ANDERSON

No. 13979.

316 F.2d 157 (1963)

John J. MEZZATESTA and James J. Williams, Appellants, v. Raymond W. ANDERSON, Appellee.

United States Court of Appeals Third Circuit.

Decided April 15, 1963.

Rehearing Denied May 6, 1963.

Attorney(s) appearing for the Case

John Merwin Bader, of Bader & Biggs, Wilmington, Del., for appellants.

E. Norman Veasey, Deputy Atty. Gen., Wilmington, Del., for appellee.

Before GANEY and SMITH, Circuit Judges, and AUGELLI, District Judge.

AUGELLI, District Judge.

This is an appeal from an order of the United States District Court for the District of Delaware which dismissed a petition for a writ of habeas corpus filed by appellants on the ground that they had not exhausted available state remedies as required by 28 U.S.C.A. § 2254. For the reasons hereinafter stated the case will be remanded to the District Court.

The record shows that appellants were convicted in the Superior Court of...

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