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UNITED STATES EX REL. DICKERSON v. RUNDLE

No. 17629.

430 F.2d 462 (1969)

UNITED STATES of America ex rel. Murray DICKERSON v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Reargued November 5, 1969.

Second Reargument May 26, 1970.

Decided July 21, 1970.

Attorney(s) appearing for the Case

James D. Crawford, Asst. Dist. Atty., Philadelphia, Pa., (Joseph J. Musto, Asst. Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., on the brief) for appellant.

Howard L. Schambelan, Cohen, Shapiro, Berger, Polisher & Cohen, Philadelphia, Pa. (David Berger, Walter Stein, Berger & Stein, Philadelphia, Pa., on the brief) for appellee.

David Rudovsky, Melvin Dildine, Vincent J. Ziccardi, Defender Assn. of Philadelphia, Philadelphia, Pa., amicus curiae, on the brief for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN, FREEDMAN, SEITZ, ALDISERT, ADAMS, and GIBBONS, Circuit Judges.

Argued January 21, 1969

Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges.

Re-Argued November 5, 1969

Before HASTIE, Chief Judge, and McLAUGHLIN, FREEDMAN, SEITZ, ALDISERT, STAHL, and ADAMS, Circuit Judges.

Re-Argued May 26, 1970

Before HASTIE, Chief Judge, and McLAUGHLIN, FREEDMAN, SEITZ, ALDISERT, ADAMS, and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

For...

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