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UNITED STATES EX REL. VIVIAN v. BOOKBINDER

No. 17358.

403 F.2d 156 (1968)

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

United States Court of Appeals Third Circuit.

Decided November 18, 1968.

Certiorari Denied March 10, 1969.

Attorney(s) appearing for the Case

Sam Polur, Polur & Polur, New York City, for appellant.

Roger Cox, Asst. Dist. Atty., Philadelphia, Pa. (Gordon Gelfond, Benjamin H. Levintow, Asst. Dist. Attys., James D. Crawford, Asst. Dist. Atty., Chief, Appeals Div., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., on the brief), for appellee.

Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.

Certiorari Denied March 10, 1969. See 89 S.Ct. 1026.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from the denial of a petition for a writ of habeas corpus in the District Court below wherein appellant alleges violation of his federal constitutional rights at his state court sentencing. He argues that he was subjected to double jeopardy,1 contending that he was originally...

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