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UNITED STATES v. YEAGER

No. 16128.

395 F.2d 245 (1968)

UNITED STATES of America ex rel. Edgar H. SMITH, Appellant, v. Howard YEAGER, Warden, New Jersey State Prison at Trenton.

United States Court of Appeals Third Circuit.

Decided January 2, 1968.

On Rehearing March 15, 1968.

Attorney(s) appearing for the Case

Stephen F. Lichtenstein, Lichtenstein & Levy, Trenton, N. J., for appellant.

Harold N. Springstead, Asst. Pros., of Bergen County, Hackensack, N. J., (Guy W. Calissi, Bergen County Pros., Hackensack, N. J., on the brief), for and of Counsel with plaintiff-respondent, Howard Yeager, Warden, New Jersey State Prison at Trenton.

Before STALEY, Chief Judge, BIGGS and HASTIE, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of appellant's writ of habeas corpus by the United States District Court for the District of New Jersey. This court fully considered all the points now raised by appellant on the occasion of his first appeal to this court, United States ex rel. Smith v. State of New Jersey, 322 F.2d 810 (C.A.3, 1963), and we consider that opinion dispositive.

Appellant, however, urges that his...

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