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SCHANDELMEIER v. CUNNINGHAM

No. 86-3251.

819 F.2d 52 (1986)

Steven SCHANDELMEIER v. Warden Richard CUNNINGHAM. Appeal of Steve SCHANDELMEIER, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 2, 1986.

Attorney(s) appearing for the Case

George F. Schumacher, Federal Public Defender, Pittsburgh, Pa., for appellant.

Ellen L. Cohen, Blair County Dist. Attorney's Office, Hollidaysburg, Pa., for appellee.

Before ALDISERT, Chief Judge, WEIS, Circuit Judge, and FISHER, Judge.

Submitted Under Third Circuit Rule 12(6) December 1, 1986.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The question for decision in this appeal from a denial of federal habeas corpus is whether the district court erred in denying relief on the basis that Steven Schandelmeier has not exhausted his remedies in the state court system. The state court exhaustion requirement is mandated by statute under 28 U.S.C. § 2254(b) and has developed through...

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