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UNITED STATES EX REL. PETILLO v. STATE OF N.J.

No. 76-2393.

562 F.2d 903 (1977)

UNITED STATES of America ex rel. Frank PETILLO v. STATE OF NEW JERSEY, Appellant, and Albert D. Gray, etc. Angelo ALBANESE v. Howard YEAGER and John Cyran, etc., et al.

United States Court of Appeals, Third Circuit.

Decided August 23, 1977.

Attorney(s) appearing for the Case

Joseph P. Lordi, Essex County Prosecutor, Newark, N. J., for appellant; R. Benjamin Cohen, Kenneth P. Ply, Asst. Pros. Atty., of counsel and on the brief.

Stanley C. Van Ness, Public Defender, Trenton, N. J., for petitioner-appellee; Rosemary Karcher Reavey, Asst. Deputy Public Defender, East Orange, N. J., of counsel and on the brief.

Before WEIS, STALEY and GARTH, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

This is New Jersey's second appeal from a district court order granting petitioner-appellee a writ of habeas corpus under 28 U.S.C. § 2254 (1970). We previously vacated the district court's initial judgment, issued after a hearing on petitioner's fourth amendment claims, and remanded for reconsideration in light of the Supreme Court's intervening decision in Stone v. Powell, 428 U.S....

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