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UNITED STATES v. CUMMISKEY

No. 84-1348.

745 F.2d 278 (1984)

UNITED STATES of America v. Patrick CUMMISKEY.

United States Court of Appeals, Third Circuit.

Decided October 9, 1984.

Attorney(s) appearing for the Case

Carol A. Koller, Philadelphia, Pa., for appellant.

Ronald G. Cole, Dept. of Justice, Philadelphia, Pa., for appellee.

Before GIBBONS and SLOVITER, Circuit Judges, and CALDWELL, District Judge.

Submitted Under Third Circuit Rule 12(6) September 10, 1984.

MEMORANDUM OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal is before us following our remand in United States v. Cummiskey, 728 F.2d 200 (3d Cir.1984), to determine whether or not Miranda warnings had been given to Patrick Cummiskey prior to his assertion of the right to remain silent at the time of his arrest. In Cummiskey

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