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UNITED STATES v. NEWMAN

No. 71-1998.

456 F.2d 668 (1972)

UNITED STATES of America, Petitioner, v. Michael NEWMAN, Respondent, Honorable Edward Dumbauld, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Richard Thornburgh, U. S. Atty., Pittsburgh, Pa., for petitioner.

Thomas A. Livingston, Pittsburgh, Pa., for respondent.

Before VAN DUSEN and ROSEN, Circuit Judges, and LAYTON, District Judge.

Submitted on Petition and Answer.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before the court on Petition For A Writ of Mandamus to compel the district court to vacate an order granting a new trial in a criminal case on the basis that this order was entered not for reasons in defendant's timely New Trial Motion but on grounds raised by the district court months after such motion, and Answer to such Petition.1

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