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DE VITA v. SILLS

No. 18423.

422 F.2d 1172 (1970)

Ralph DE VITA, Appellant, v. Arthur J. SILLS, as and for the State of New Jersey, Attorney General, James R. Giuliano, Superior Court Judge of the State of New Jersey, Joseph Weintraub, Chief Justice, Supreme Court of New Jersey, Nathan L. Jacobs, John J. Francis, Haydon Proctor, Frederick W. Hall, C. Thomas Schettino, Vincent S. Haneman, Justices of the Supreme Court of New Jersey. (D. C. Civil Action No. 2-70)

United States Court of Appeals, Third Circuit.

Decided March 9, 1970.

Attorney(s) appearing for the Case

Hyman Isaac and Barry M. Epstein, Reibel, Isaac, Tannenbaum & Epstein, Elizabeth, N. J., for appellant.

Stephen Skillman, Asst. Atty. Gen., Trenton, N. J. (George F. Kugler, Jr., Atty. Gen. of New Jersey, Virginia Long Annich, Deputy Atty. Gen., Trenton, N. J., on the brief), for appellees.

Before FREEDMAN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Jersey denying plaintiff's application for a preliminary injunction. Federal jurisdiction was invoked under 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983. The application for a preliminary injunction was made on notice to the defendant respondents pursuant to Rule 65(a) (1), on a verified complaint to which no responsive...

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