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UNITED STATES EX REL. GOCKLEY v. MYERS

No. 17156.

411 F.2d 216 (1969)

UNITED STATES of America ex rel. Edwin GOCKLEY, Appellant, v. David N. MYERS, Superintendent, State Correctional Institution, Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided April 30, 1969.

Attorney(s) appearing for the Case

H. Robert Fiebach, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Arthur Ed. Saylor, First Asst. Dist. Atty., County of Berks, Reading, Pa. (Robert L. VanHoove, Dist. Atty., Reading, Pa., on the brief), for appellee.

Before BIGGS, FREEDMAN, and VAN DUSEN, Circuit Judges.

Reargued March 21, 1969.

Before HASTIE, Chief Judge, and BIGGS, KALODNER, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

This unusual habeas corpus case is before the court en banc on reargument of a second appeal. The question is whether the District Court on remand after the first appeal was correct in refusing to decide the merits of petitioner's claim that his confessions...

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