GOLDBERG v. HENDRICK

Misc. No. M-3056.

254 F.Supp. 286 (1966)

In the Matter of the Application of Lawrence W. Goldberg for a Writ of Habeas Corpus. Lawrence W. GOLDBERG v. Edward J. HENDRICK, Superintendent, Philadelphia County Prisons.

United States District Court E. D. Pennsylvania.

May 27, 1966.


Attorney(s) appearing for the Case

Malcolm W. Berkowitz, Philadelphia, Pa., for petitioner.

Donn I. Cohen, of Liverant, Senft & Cohen, York, Pa., Sp. Counsel for Commonwealth of Pennsylvania.


OPINION

BODY, District Judge.

The matter presently before the Court, respondent's motion to dismiss the petition of Lawrence W. Goldberg for a writ of habeas corpus, arises from an unusual set of circumstances. The principal substantive issue to be decided is whether the Pennsylvania Trespass Act, 18 P.S. § 4954, has been pre-empted by a 1956 amendment to the Atomic Energy Act, 42 U.S.C.A. § 2278a, by virtue of the Supremacy Clause of the United...

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