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UNITED STATES v. DIGGS

No. 75-1547.

544 F.2d 116 (1976)

UNITED STATES of America, Appellant, v. Alfred B. DIGGS.

United States Court of Appeals, Third Circuit.

Reargued May 13, 1976.

Decided August 27, 1976.

Attorney(s) appearing for the Case

Sal Cognetti, Jr., Asst. U. S. Atty., Scranton, Pa., for appellant.

Wallace B. Eldridge, III, Cleckner & Fearen, Harrisburg, Pa., for appellee.

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

Argued October 2, 1975.

Before MARIS, VAN DUSEN and HUNTER, Circuit Judges.

Reargued May 13, 1976.

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

OPINION

MARIS, Circuit Judge, with whom ALDISERT, ROSENN and WEIS, Circuit Judges, concur.

This is an appeal from an order of the district court holding unlawful under the

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