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CHADWICK v. JANECKA

No. 02-1173.

312 F.3d 597 (2002)

H. Beatty CHADWICK v. James JANECKA, Warden, Delaware County Prison; the District Attorney of County of Delaware; the Attorney General of the State of Pennsylvania v. Barbara Jean Crowther Chadwick, (Intervenor in District Court) Barbara Jean Crowther Chadwick, Appellant

United States Court of Appeals, Third Circuit.

Filed: December 4, 2002.

Attorney(s) appearing for the Case

Albert Momjian, Nancy Winkelman (Argued), Kevin C. McCullough, Stephen A. Fogdall, Schnader Harrison Segal & Lewis, L.L.P., Philadelphia, PA, Counsel for Appellants.

Thomas S. Neuberger (Argued), Thomas S. Neuberger, P.A., Wilmington, DE, Anna M. Durbin, Peter Goldberger, Ardmore, PA, Co-Counsel for Appellee.

D. Michael Fisher, William H. Ryan, Jr., Robert A. Graci, Amy Zapp, Office of Attorney General, Harrisburg, PA, Counsel for Amicus Curiae Pennsylvania Office of Attorney General.

Before: ALITO, McKEE, and WALLACE, Circuit Judges.

ORDER AMENDING OPINION

IT IS HEREBY ORDERED, that the Slip Opinion filed in this case on August 20, 2002, be amended as follows:

The opinion filed on August 20, 2002 is deleted and the following amended opinion is substituted for it.

IT IS SO ORDERED.

OPINION OF THE COURT

ALITO, Circuit Judge.

This appeal was taken from an order granting a petition for a writ of habeas corpus filed by Mr. H. Beatty Chadwick under 28 U.S...

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