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UNITED STATES EX REL. MITCHELL v. PINTO

No. 17359.

438 F.2d 814 (1971)

UNITED STATES of America ex rel. Esaw MITCHELL, #42060, Appellant, v. Warren PINTO, Superintendent, New Jersey State Prison Farm, Rahway, New Jersey.

United States Court of Appeals, Third Circuit.

Rehearing October 13, 1970.

Decided February 3, 1971.

Certiorari Denied May 3, 1971.

Attorney(s) appearing for the Case

Marilyn Mauskopf, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (John G. Harkins, Jr., Philadelphia, Pa., on the brief), for appellant.

John P. Jehl, Assistant Prosecutor, Camden, N. J. (A. Donald Bigley, Camden County Prosecutor, Camden, N. J., on the brief), for appellee.

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

Rehearing En Banc October 13, 1970.

Certiorari Denied May 3, 1971. See 91 S.Ct. 1622.

Submitted on briefs Sept. 22, 1969.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

Rehearing en banc Oct. 13, 1970.

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

OPINION OF THE COURT

HASTIE, Chief Judge.

The district court denied...

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