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RINALDI v. YEAGER

Civ. A. No. 70-64.

238 F.Supp. 960 (1965)

Joseph A. RINALDI, Plaintiff, v. Howard YEAGER, Warden, A. L. Dempsky, Business Manager N. J. State Prison, and Harry Lerner, Essex County, Treasurer, Defendants.

United States District Court D. New Jersey.

February 18, 1965.

Attorney(s) appearing for the Case

Frederick B. Lacey, Newark, N. J., for plaintiff.

Nicholas F. Fernicola, Newark, N. J., for Harry Lerner.

Arthur J. Sills, Trenton, N. J., for Howard Yeager and A. L. Dempsky.

Before McLAUGHLIN, Circuit Judge, and MEANEY and SHAW, District Judges.

McLAUGHLIN, Circuit Judge.

This case is before us on a Stipulation of Facts on behalf of all the parties, filed September 24, 1964. From that stipulation we find the following facts.

Plaintiff is presently confined in New Jersey State Prison as the result of two separate convictions, the first in May of 1959, in which he was sentenced to an aggregate term of eight to ten years imprisonment. Plaintiff was given leave to appeal that conviction in forma pauperis...

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