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UNITED STATES EX REL. AMETRANE v. GABLE

No. 17049.

401 F.2d 765 (1968)

UNITED STATES of America ex rel. Joseph AMETRANE v. John I. GABLE, Warden, Delaware County Prison, Appellant.

United States Court of Appeals Third Circuit.

Decided October 3, 1968.

Attorney(s) appearing for the Case

Stephen J. McEwen, Jr., Dist. Atty., Delaware County, Media, Pa. (Ralph B. D'Iorio, Chief, Appeals Division, Vram S. Nedurian, Asst. Dist. Atty., William R. Toal, First Asst. Dist. Atty., Media, Pa., on the brief), for appellant.

Joseph A. Damico, Jr., Chadwick, Petrikin, Ginsburg & Wellman, Chester, Pa., for appellee.

Before BIGGS, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal challenges an October 17, 1967, opinion and order of the District Court granting a petition for a writ of habeas corpus, with provision for a new trial of the relator if such new trial is "seasonably" commenced. The relator had been found guilty by jury verdict of setting up a gambling establishment (18 P.S. § 4605), of aiding and assisting others to gamble (18 P.S. § 4612), and of bookmaking (18 P.S...

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