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UNITED STATES EX REL. BRINK v. CLAUDY

February 5, 1952

UNITED STATES ex rel. BRINK
v.
CLAUDY, Warden



The opinion of the court was delivered by: GOURLEY

This is a petition in habeas corpus wherein the petitioner requests this Court to reopen a previous proceeding, alleging that he was denied a fair and impartial hearing.

In said habeas corpus proceeding, on the 21st day of March, 1951, the Court dismissed the petition on two grounds:

(1) Petitioner had not exhausted his state remedies, and

 (2) petitioner was not entitled to relief upon the merits of his petition. See United States ex rel. Brink v. Claudy, D.C. 96 F.Supp. 220.

 An appeal was perfected to the United States Court of Appeals for the Third Circuit, and on the 24th day of May, 1951 the opinion and decree of the lower court was affirmed without costs, 194 F.2d 535.

 A granting of a rehearing could in no way subserve the cause of justice.

 Petition is refused. An appropriate order is entered.

19520205

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