UNITED STATES EX REL. BARNWELL v. RUNDLE

No. 72-1318.

461 F.2d 768 (1972)

UNITED STATES of America ex rel. Sandy BARNWELL H-9446 v. Alfred T. RUNDLE, Superintendent, Commonwealth of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 10, 1972.


Attorney(s) appearing for the Case

Victor J. DiNubile, Jr., Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., for appellant.

Stewart R. Dalzell, Philadelphia, Pa., for appellee.

Before GIBBONS and JAMES ROSEN, Circuit Judges.


OPINION ON APPELLEE'S MOTION FOR RELEASE FROM CUSTODY AND APPELLANT'S CROSS MOTION FOR STAY OF DISTRICT COURT ORDER OF FEBRUARY 3, 1972 PENDING APPEAL.

MEMORANDUM AND ORDER

GIBBONS, Circuit Judge.

In this state habeas corpus case the appellee, a successful petitioner below, moves that he be released from custody as a parolee. The district court, 337 F.Supp. 688, on February 3, 1972 ordered that the writ of...

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