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U. S. EX REL. SULLIVAN v. CUYLER

No. 78-1411.

593 F.2d 512 (1979)

UNITED STATES of America ex rel. John SULLIVAN, Appellant, v. Julius T. CUYLER, Superintendent, State Correctional Institution, Graterford, Pennsylvania, and the District Attorney of Philadelphia County, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 14, 1979.

Rehearing Denied March 12, 1979.

Attorney(s) appearing for the Case

Marilyn J. Gelb, Philadelphia, Pa., for appellant.

Michael F. Henry, Chief, Motions Div., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Edward G. Rendell, Dist. Atty. of Philadelphia, Philadelphia, Pa., for appellees.

Before ALDISERT and HUNTER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

GERRY, District Judge.

This appeal from the denial of a petition for habeas corpus requires this court to consider again the troubling issue of dual representation of multiple criminal defendants by the same counsel. Petitioner, John Sullivan claims, inter alia, that he was denied his sixth amendment right to effective assistance of counsel at trial because his attorneys also represented his co-defendants. The district court concluded...

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