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COMMONWEALTH OF PENNSYLVANIA v. HILL

Civ. A. No. 70-556.

313 F.Supp. 1159 (1970)

COMMONWEALTH OF PENNSYLVANIA v. Lee HILL, Johnny Clark, Floyd Norfleet, Norman Wilson and Thomas Kelly, Defendants.

United States District Court, W. D. Pennsylvania.

June 9, 1970.

Attorney(s) appearing for the Case

Robert W. Duggan, Dist. Atty. Allegheny County, Pittsburgh, Pa., for plaintiff.

Harry F. Swanger, Pittsburgh, Pa., for defendants.

OPINION

GOURLEY, District Judge.

This is a Petition seeking the removal of a criminal proceeding pending in the Criminal Division of the Court of Common Pleas of Allegheny County, Pennsylvania, pursuant to Section 1443 of Title 28 of the United States Code. In the State Court, a Grand Jury has indicted the five petitioners for the common law offense of inciting to riot, stemming from their activities on August 26, 1969, during public demonstrations in support...

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