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MAYBERRY v. MARONEY

No. 75-1558.

529 F.2d 332 (1976)

Richard J. MAYBERRY, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Michael L. Rosenfield, Berlin, Boas, Isaacson, Logan, Rosenfield & Sharon, Pittsburgh, Pa., for appellant.

John M. Duff, Deputy Atty. Gen., Dept. of Justice, Robert P. Kane, Atty. Gen., Pittsburgh, Pa., for appellee.

Before GIBBONS, Circuit Judge, MARKEY, Chief Judge, U. S. Court of Customs and Patent Appeals, and WEIS, Circuit Judge.

OPINION OF THE COURT

MARKEY, Chief Judge, U. S. Court of Customs and Patent Appeals.

INTRODUCTION

This is an appeal from orders of the district court for the Western District of Pennsylvania, granting the motion of appellee (Commonwealth)1 for relief from a consent judgment and denying standing to appellant (Mayberry). We vacate the orders appealed from and remand for an evidentiary hearing on the Commonwealth's motion...

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