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DAVIS v. RENDELL

No. 80-2121.

659 F.2d 374 (1981)

DAVIS, Agene S., C. P. T. S. V., a-k-a, Davis, David, Appellant, v. RENDELL, Edward, District Attorney of the City of Philadelphia; Lyons, Edmund, Superintendent of Philadelphia Prisons; Kelly, Thomas J., Warden of Holmesburg Prison; The Hahnemann Medical College & Hospital of Philadelphia and The City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided September 15, 1981.

Attorney(s) appearing for the Case

Alfred W. Putnam, Jr. (argued), Drinker, Biddle & Reath, Philadelphia, Pa., for appellant.

Jane Cutler Greenspan (argued), Asst. Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty., Philadelphia, Pa., for appellee, Edward G. Rendell.

Steven M. Levin, Asst. City Sol., City of Philadelphia, Law Department, Philadelphia, Pa., for appellees, Edmund Lyons, Thomas Kelly, and City of Philadelphia.

Before ADAMS, HUNTER and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Plaintiff-appellant filed two actions in the district court while in confinement awaiting trial before a state court. One action sought a writ of habeas corpus on the ground that plaintiff's continued confinement without trial violated his speedy trial right under Pennsylvania and federal law. That action was dismissed by the district court on the ground that plaintiff failed to exhaust his state...

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