UNITED STATES EX REL. PAXOS v. RUNDLE

No. 72-1122.

491 F.2d 447 (1974)

UNITED STATES of America ex rel. George PAXOS v. Alfred T. RUNDLE. Appeal of the COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Reargued November 15, 1973.

Decided January 16, 1974.


Attorney(s) appearing for the Case

Judith Dean, Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., Richard A. Sprague, First Asst. Dist. Atty., Arlen Spector, Dist. Atty., Philadelphia, Pa., for appellant.

Robert F. Simone, Philadelphia, Pa., for appellee.

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


Reargued en banc November 15, 1973.

Argued December 7, 1972

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

Reargued en banc November 15, 1973

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

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The respondent (Superintendent of a Pennsylvania prison) appeals from a district court order entered after...

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