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SWANGER v. ZIMMERMAN

No. 84-5090.

750 F.2d 291 (1984)

SWANGER, Glenn R., Appellant v. ZIMMERMAN, Charles H.; Attorney General of the State of Pennsylvania, District Attorney of Lebanon County.

United States Court of Appeals, Third Circuit.

Decided December 21, 1984.

Attorney(s) appearing for the Case

Ellen M. Burgraff (Argued), Carlisle, Pa., for appellant.

Rosamond A. Presby (Argued), Asst. Dist. Atty. of Lebanon County, Pa., Lebanon, Pa., for appellees.

Before GIBBONS, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Petitioner appeals from the district court's order denying his application for a writ of habeas corpus on the grounds that state remedies had not been fully exhausted. This court has jurisdiction pursuant to 28 U.S.C. § 1291 (1982). We will reverse the judgment of the district court and remand for further proceedings consistent with this opinion.

I. Facts and Procedural History

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