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UNITED STATES EX REL. BROADDUS v. RUNDLE

No. 17935.

429 F.2d 791 (1970)

UNITED STATES of America ex rel. Spencer BROADDUS, E-9299, Appellant, v. A. T. RUNDLE, Superintendent.

United States Court of Appeals, Third Circuit.

Reargued March 5, 1970.

Decided July 21, 1970.

Attorney(s) appearing for the Case

Raymond T. Letulle, Krusen, Evans & Byrne, Philadelphia, Pa., for appellant.

James D. Crawford, Asst. Dist. Atty., Philadelphia, Pa. (Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and FREEDMAN, SEITZ, VAN DUSEN, ALDISERT, ADAMS and GIBBONS, Circuit Judges.

Argued Nov. 7, 1969

Before MARIS, SEITZ and STAHL, Circuit Judges.

Re-Argued March 5, 1970

Before HASTIE, Chief Judge, and FREEDMAN, SEITZ, VAN DUSEN, ALDISERT, ADAMS and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

On August 15, 1958, a housing project guard in Philadelphia was found shot to death in the incinerator room. Three days later, Spencer Broaddus...

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