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United States v. Commonwealth of Pennsylvania.

March 24, 1970

UNITED STATES OF AMERICA EX REL. CHARLES GEORGE HERWEGH, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA.



Before KALODNER and VAN DUSEN, Circuit Judges, and FULLAM, District Judge.

Opinion OF THE COURT

Per Curiam.

The District Court denied without prejudice relator Herwegh's petition for a writ of habeas corpus on the ground that he had failed to exhaust available state remedies as required by 28 U.S.C.A. § 2254(b), and this appeal followed.

On review of the record the District Court's Order of November 7, 1968 denying relator's petition will be affirmed for the reasons so well stated by Judge Weiner in his Memorandum Opinion accompanying his Order of November 25, 1968, 311 F.Supp. 403, denying relator's petition for reconsideration.

19700324

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