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UNITED STATES v. MYERS

No. 15553.

372 F.2d 111 (1967)

UNITED STATES of America ex rel. Rudolph E. BOYANCE, Appellant, v. David N. MYERS, Superintendent of Graterford Correctional Institute.

United States Court of Appeals Third Circuit.

Decided February 3, 1967.

Attorney(s) appearing for the Case

Curtis R. Reitz, Philadelphia, Pa., for appellant.

Oscar S. Bortner, Asst. Dist. Atty., Doylestown, Pa., for appellee.

Before HASTIE, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal by a state prisoner from the district court's dismissal of his petition for habeas corpus on the ground that he had failed to exhaust state remedies.

An earlier habeas corpus petition, filed in 1964, challenged this prisoner's conviction as unconstitutional, both because evidence obtained by illegal search and seizure had been used against him and because his right to counsel had been abridged. The...

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