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UNITED STATES v. MARONEY

No. 18786.

435 F.2d 1292 (1970)

UNITED STATES of America ex rel. Edward RYBARIK, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided December 28, 1970.

Attorney(s) appearing for the Case

Edward Rybarik, pro se.

D. Dale Claypool, Dist. Atty., Kittanning, Pa., for appellee.

Before ALDISERT, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

When appellant previously appealed to this court from the denial of a writ of habeas corpus, we remanded, 406 F.2d 1055, the proceedings to the district court for the determination of the issue of effective assistance of trial counsel. Upon remand, counsel was appointed for him. The district court, in reviewing the records of both the trial and a state evidentiary hearing,

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