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UNITED STATES EX REL. THOMAS v. CUYLER

No. 75-2213.

548 F.2d 460 (1977)

UNITED STATES of America ex rel. Gregory A. THOMAS, Appellant, v. Julius T. CUYLER, Superintendent and District Attorney of Philadelphia County.

United States Court of Appeals, Third Circuit.

Decided January 7, 1977.

Rehearing Denied March 14, 1977.

Attorney(s) appearing for the Case

David A. Gradwohl, Philadelphia, Pa., for appellant.

Bonnie Brigance Leadbetter, Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty., F. Emmett Fitzpatrick, Dist. Atty., Philadelphia, Pa., for appellees.

Before MARIS and WEIS, Circuit Judges, and GERRY, District Judge.

Rehearing In Banc Denied March 14, 1977.

OPINION OF THE COURT

MARIS, Circuit Judge.

This is an appeal by the relator, Gregory A. Thomas, from an order of the District Court for the Eastern District of Pennsylvania denying without a hearing his petition for a writ of habeas corpus. Thomas, after a jury trial in the Court of Common Pleas of Philadelphia, was convicted of first degree murder, aggravated robbery, carrying a concealed deadly weapon and...

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