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UNITED STATES EX REL. REED v. ANDERSON

No. 71-1816.

461 F.2d 739 (1972)

UNITED STATES of America ex rel. Cleveland REED v. Raymond ANDERSON, Warden, Delaware Correctional Center, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 11, 1972.

Attorney(s) appearing for the Case

Daniel A. Durkin, Wilmington, Del., for appellant.

Stanley Lowicki, Wilmington, Del., for appellee.

Before SEITZ, Chief Judge, and HASTIE, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, MAX ROSENN, JAMES ROSEN, and HUNTER, Circuit Judges.

Argued En Banc January 12, 1972.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1968), the Supreme Court applied a constitutional gloss to what theretofore had been an evidentiary rule and held that...

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