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WITTE v. FERBER

No. 11359.

219 F.2d 113 (1955)

Henry R. WITTE, Appellant, v. Martin J. FERBER, Sheriff of the County of Bergen, State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 31, 1955.

Attorney(s) appearing for the Case

Samuel Milberg, Jersey City, N. J., for appellant.

Ralph L. Fusco, Asst. to County Prosecutor of Bergen County, Hackensack, N. J. (Guy W. Calissi, Hackensack, N. J., David H. Harris, Sp. Deputy Atty. Gen., of New Jersey, on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This is an appeal from an order of the District Court of the District of New Jersey denying a writ of habeas corpus.

The petitioner was convicted under Revised Statutes of New Jersey 2:103-1, now N.J.S. 2A:85-1, N.J.S.A., for nonfeasance in his office as Chief of Police of the Borough of Lodi in the County of Bergen, New Jersey. He was sentenced to a term of six months and fined $1,000.

While the case was before this court...

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