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UNITED STATES v. RUNDLE

No. 16820.

389 F.2d 54 (1968)

UNITED STATES of America ex rel. Otis FOOSE, H-4782, Appellant, v. A. T. RUNDLE, Supt.

United States Court of Appeals Third Circuit.

Decided January 24, 1968.

Attorney(s) appearing for the Case

Melvin Dildine, Chief, Appeals Division, Defender Assn. of Philadelphia, Philadelphia, Pa., for appellant.

Henry T. Crocker, Asst. Dist. Atty., County of Montgomery, Norristown, Pa. (Richard A. Devlin, Anthony J. Scirica, Asst. Dist. Attys., Richard S. Lowe, Dist. Atty., Norristown, Pa., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the district court's refusal to grant a writ of habeas corpus releasing petitioner from detention by the Commonwealth of Pennsylvania on the ground that a gun which was introduced at his trial was the fruit of an unconstitutional search and seizure.

Petitioner was convicted of robbery, conspiracy to commit robbery, being armed with an offensive weapon, and violation

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