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HILL v. COMMONWEALTH OF PENNSYLVANIA

Nos. 18992-18996, 19215-19220, 19244 and 19304-19309.

439 F.2d 1016 (1971)

Lee HILL, Appellant in No. 18992, Johnny Clark, Floyd Norfleet, Norman Wilson, Thomas Kelly v. COMMONWEALTH OF PENNSYLVANIA. Appeal of Johnny CLARK in No. 18993. Appeal of Floyd NORFLEET in No. 18994. Appeal of Norman WILSON in No. 18995. Appeal of Thomas KELLY in No. 18996. COMMONWEALTH OF PENNSYLVANIA v. Paul LEONARD, Appellant in No. 19215, Lawrence Y. Lingard, Jerry B. Williams, Frederick T. Wims, Francis Rolls, Thomas E. Bell. Appeal of Lawrence Y. LINGARD, in No. 19216. Appeal of Jerry B. WILLIAMS, in No. 19217. Appeal of Frederick T. WIMS, in No. 19218. Appeal of Francis ROLLS, in No. 19219. Appeal of Thomas E. BELL, in No. 19220. COMMONWEALTH OF PENNSYLVANIA v. Edward RAY, Appellant in No. 19244. COMMONWEALTH OF PENNSYLVANIA v. Martin FRANCKEN, Appellant in No. 19304, Arnold Walker, Alvin Rue, Alvin G. Bailey, Robert Williams, Charles A. Burnett. Appeal of Arnold WALKER, in No. 19305. Appeal of Alvin RUE, in No. 19306. Appeal of Alvin G. BAILEY, in No. 19307. Appeal of Robert WILLIAMS, in No. 19308. Appeal of Charles A. BURNETT, in No. 19309.

United States Court of Appeals, Third Circuit.

Decided March 18, 1971.

Attorney(s) appearing for the Case

Harry F. Swanger, Pittsburgh, Pa., for appellants.

J. Kent Cully, Asst. Dist. Atty., Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty., Allegheny County, Carol Mary Los, Robert L. Campbell, Asst. Dist. Attys., Pittsburgh, Pa., on the brief) for appellee.

Before SEITZ, and VAN DUSEN, Circuit Judges, and MASTERSON, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

These consolidated appeals challenge orders of the district court granting the Commonwealth's motions to remand to the Court of Common Pleas of Allegheny County, Pennsylvania, state criminal prosecutions against petitioners which were previously removed to the district court pursuant to 28 U.S.C. § 1443(1). We are thus presented with the delicate problem of determining...

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