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UNITED STATES EX REL. GORDON v. MYERS

No. 16108.

371 F.2d 540 (1967)

UNITED STATES of America ex rel. Oscar McIntyre GORDON, Appellant, v. David N. MYERS, Superintendent.

United States Court of Appeals Third Circuit.

Decided January 20, 1967.

Attorney(s) appearing for the Case

Joseph Hakun, Philadelphia, Pa., for appellant.

Arthur L. Piccone, Asst. Dist. Atty., Luzerne County, Wilkes-Barre, Pa. (Thomas E. Mack, Dist. Atty., Wilkes-Barre, Pa., on the brief), for appellee.

Before McLAUGHLIN, SMITH and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

We agree with the view expressed by Judge Kraft in his painstaking opinion1 filed after an evidentiary hearing, that appellant was in fact represented by counsel.

The question whether there was a conflict of interests in counsel's representing appellant as well as the co-defendant in the circumstances of this case, is one which Judge Kraft did not decide, on the ground that it had not...

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