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UNITED STATES EX REL. CANNON v. JOHNSON

Civ. A. No. 73-2395.

396 F.Supp. 1362 (1975)

UNITED STATES of America ex rel. Calvin CANNON v. Robert L. JOHNSON.

United States District Court, E. D. Pennsylvania.

June 12, 1975.

Attorney(s) appearing for the Case

Richard H. Elliott, Philadelphia, Pa., for petitioner.

F. Emmett Fitzpatrick, Dist. Atty., Abraham Gafni, Deputy Dist. Atty. for Law, Steven Goldblatt, Chief of Appeals Div., Bonnie Brigance Leadbetter, Asst. Dist. Atty., Philadelphia, Pa., for respondent.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

This habeas corpus case raises squarely the question of the retroactivity of the en banc holding of the United States Court of Appeals for the Third Circuit in United States ex rel. Matthews v. Johnson, 503 F.2d 339 (3d Cir. 1974), cert. denied, 420 U.S. 952, 95 S.Ct. 1336, 43 L.Ed.2d 430 (1975) (hereinafter "Matthews...

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