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FEIGLEY v. FULCOMER

No. 87-5279.

833 F.2d 29 (1987)

George FEIGLEY, a/k/a George Stoctay, Appellant, v. Thomas FULCOMER, Superintendent, and Leroy Zimmerman, Attorney General.

United States Court of Appeals, Third Circuit.

Decided November 12, 1987.

Attorney(s) appearing for the Case

Todd B. Narvol, Deputy Dist. Atty., Harrisburg, Pa., for appellee.

Allen C. Welch, Asst. Public Defender of Dauphin County, Harrisburg, Pa., for appellant.

Before GIBBONS, Chief Judge, HIGGINBOTHAM and SCIRICA, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 26, 1987.

OPINION OF THE COURT

GIBBONS, Chief Judge:

George Feigley, a Pennsylvania state prisoner, appeals from a judgment dismissing his petition for a writ of habeas corpus. The petition raises a double jeopardy claim which, Feigley contends, was duly presented to the Pennsylvania courts. The district court dismissed the petition on the ground that by escaping from prison during the pendency of...

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