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UNITED STATES EX REL. McCLOUD v. RUNDLE

No. 16967.

402 F.2d 853 (1968)

UNITED STATES of America ex rel. Louis McCLOUD, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided October 28, 1968.

Attorney(s) appearing for the Case

George A. Johnson, Asst. Defender, Defender Association of Phila., Philadelphia, Pa., for appellant.

Welsh S. White, Asst. Dist. Atty., Philadelphia, Pa., (Michael J. Rotko, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief, for appellee.

Before McLAUGHLIN, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

On February 10, 1947, the appellant, Louis McCloud, at present an inmate of the Correctional Institution, Philadelphia, Pennsylvania, was arrested with several others. He asserts that but for a perfunctory appearance before a magistrate on February 15, 1947, they were detained until February 18, when they were taken before the magistrate for a preliminary hearing. Thereafter appellant was remanded to jail pending...

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