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UNITED STATES v. RUNDLE

No. 71-1467.

455 F.2d 514 (1972)

UNITED STATES of America ex rel. Herbert CORNITCHER, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided March 10, 1972.

Attorney(s) appearing for the Case

Herbert Cornitcher, for appellant.

James D. Crawford, Deputy Dist. Atty., Philadelphia, Pa. (Mark Sendrow, Asst. Dist. Atty., Milton M. Stein, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before ADAMS, GIBBONS, and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

In his habeas corpus petition in the district court, the petitioner raises a number of issues with regard to this case which have not yet been considered either by a Pennsylvania court under the Post Conviction Hearing Act, 19 Pa.Stat.Ann. § 1180-5, or by the district court in the habeas petitions which he previously had filed there.

The district court, 315 F.Supp. 1300,...

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