UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

No. 17371.

405 F.2d 1004 (1969)

UNITED STATES of America ex rel. Jon MUDRY, Appellant, v. COMMONWEALTH OF PENNSYLVANIA, Judges of the Court of Quarter Sessions, Arlen Specter, District Attorney, Philadelphia County, Pennsylvania, Edward J. Hendrick, Superintendent of Prisons, Commonwealth of Pennsylvania, William C. Sennett, Attorney General, Commonwealth of Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 17, 1969.


Attorney(s) appearing for the Case

Jon Mudry, pro se.

Stanley Asher Winikoff, Deputy Atty. Gen., William C. Sennett, Atty. Gen., Harrisburg, Pa., for appellees.

Before SEITZ, ALDISERT and STAHL, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

The appellant, convicted of violating the Pennsylvania Drug Device and Cosmetic Act of 1961, Act No. 793, 35 P.S. § 780-1 et seq., has challenged the act's constitutionality on the ground that it violates the equal protection clause of the Federal Constitution. After petitioning the court below to impanel a three-judge court under 28 U.S.C.A. §§ 2281 and 2284 to determine the question of constitutionality,...

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