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UNITED STATES EX REL. VIVIAN v. BOOKBINDER

Misc. No. 3758.

286 F.Supp. 10 (1968)

UNITED STATES of America ex rel. Howard J. VIVIAN, Jr. v. Saul BOOKBINDER, Warden Holmesburg Prison.

United States District Court E. D. Pennsylvania.

June 20, 1968.

Attorney(s) appearing for the Case

I. Irving Tubis, Philadelphia, Pa. and Sam Polur, New York City, for plaintiff.

Welsh S. White, Asst. Dist. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

JOHN W. LORD, Jr., District Judge.

Relator, an inmate currently confined at Holmesburg Prison in Philadelphia, has petitioned this Court for a writ of habeas corpus. He alleges that his constitutional rights have been denied in that he was subjected to double jeopardy.

Briefly, Vivian was originally slated for sentencing on February 14, 1966 in the Quarter Sessions Court of Philadelphia County. At that time the court in

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