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UNITED STATES v. MARONEY

No. 16762.

387 F.2d 141 (1967)

UNITED STATES of America ex rel. George W. CRAIG, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania, and Patrick N. Bolsinger, Prothonotary of Pennsylvania Supreme Court for the Western District of Pennsylvania, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided December 5, 1967.

Rehearing Denied January 19, 1968.

Attorney(s) appearing for the Case

George W. Craig, pro se.

Robert F. Hawk, Asst. Dist. Atty., John H. Brydon, Dist. Atty., Butler, Pa., for appellees (David L. Cook, Asst. Dist. Atty., on the brief).

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The appellant, a state prisoner serving a life sentence for murder, has taken this appeal from an order denying his petition for a writ of habeas corpus.

On October 26, 1966, the prisoner filed a petition for post conviction relief in the Court of Common Pleas of Butler County. On November 3, 1967, the state filed with us a motion to dismiss this appeal because of the pendency of the state proceeding. On November...

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