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COLLINS v. BRIERLY

Nos. 72-1036 and 72-1037.

492 F.2d 735 (1974)

Royall COLLINS v. Joseph R. BRIERLY, Superintendent State Correctional Institution at Pittsburgh, Pennsylvania, Appellant. Royall COLLINS, Appellant, v. Joseph R. BRIERLY, Superintendent State Correctional Institution at Pittsburgh, Pennsylvania.

United States Court of Appeals, Third Circuit.

Submitted on Rehearing November 16, 1973.

Decided February 5, 1974.

As Amended March 12, 1974.

Attorney(s) appearing for the Case

James D. McDonald, Jr., Quinn, Plate, Gent, Buseck & Leemhuis, Erie, Pa., for Royall Collins.

R. Gordon Kennedy, Dist. Atty., Frank L. Kroto, Jr., Asst. Dist. Atty., Erie County, Pa., for the Commonwealth.

Before SEITZ, Chief Judge, and McLAUGHLIN, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted on Rehearing en banc November 16, 1973.

Argued January 9, 1973.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges, and GREEN, District Judge.

Submitted en banc November 16, 1973.

Before SEITZ, Chief Judge, and McLAUGHLIN, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

During the course...

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