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RUSHER v. ARNOLD

No. 76-1313.

550 F.2d 896 (1977)

David Lee RUSHER, Plaintiff-Appellee, v. Floyd E. ARNOLD, Warden, United States Penitentiary, Lewisburg, Pennsylvania, Respondent-Appellant.

United States Court of Appeals, Third Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

John M. Humphrey, Candor, Youngman, Gibson & Gault, Williamsport, Pa., for plaintiff-appellee.

S. John Cottone, U. S. Atty., Harry A. Nagle, Asst. U. S. Atty., Scranton, Pa., Richard L. Thornburgh, Asst. Atty. Gen., George W. Calhoun, Mitchell B. Dubick, Dept. of Justice, Washington, D. C., for respondent-appellant.

Before ALDISERT and WEIS, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

HUYETT, District Judge.

The Warden of the U. S. Penitentiary at Lewisburg brings this appeal from an Order of the District Court for the Middle District of Pennsylvania granting a federal prisoner's petition, filed pursuant to 28 U.S.C. § 2255. The District Court ordered the Warden to restore to petitioner 62 days of good time that the Good Time Forfeiture Board had ordered forfeited. The question presented is whether the Bureau...

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