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UNITED STATES EX REL. ABDUS-SABUR v. CUYLER

No. 80-1509.

653 F.2d 828 (1981)

UNITED STATES of America, ex rel. Ahmad ABDUS-SABUR, Appellant, v. Julius T. CUYLER, Superintendent State Correctional Institution, Graterford, Pennsylvania and The District Attorney of Philadelphia County, Appellee.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1981.

Decided July 9, 1981.

Attorney(s) appearing for the Case

Joseph A. Torregrossa (argued), Philadelphia, Pa., for appellant; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Gaele McLaughlin Barthold (argued), Jane Cutler Greenspan, Asst. Dist. Attys., Michael F. Henry, Chief, Motions Division, Steven H. Goldblatt, Deputy Dist. Atty. for Law, Edward G. Rendell, Dist. Atty. Philadelphia, Pa., for appellant.

Before SEITZ, Chief Judge, ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued en banc May 11, 1981.

Argued Nov. 6, 1980.

Before GIBBONS and WEIS, Circuit Judges and WHIPPLE, District Judge.*

Reargued En Banc May 11, 1981.

Before SEITZ, Chief Judge, ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this habeas corpus appeal, a state prisoner contends that a delay of twenty...

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