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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

Civ. No. 14406.

141 F.Supp. 699 (1956)

UNITED STATES of America ex rel. John DE SIMONE, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, Frank C. Johnston, Warden, et al. Western State Penitentiary.

United States District Court W. D. Pennsylvania.

June 4, 1956.

Attorney(s) appearing for the Case

Morton D. DeBroff, Pittsburgh, Pa., for relator DeSimone.

Robert L. Webster, Asst. Dist. Atty., Uniontown, Pa., for respondent.

MARSH, District Judge.

A rule to show cause was issued upon receipt of relator's petition for a writ of habeas corpus. An answer, together with transcript of certain records, was filed by the District Attorney of Fayette County. Examination of the answer and these records indicated that relator had not been given a hearing on his applications for habeas corpus in the State courts, and since several disputed issues of fact...

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