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UNITED STATES EX REL. STUART v. YEAGER

No. 18494.

434 F.2d 1308 (1970)

UNITED STATES of America ex rel. Richard J. STUART, Appellant, v. H. YEAGER, Principal Keeper, New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Decided November 30, 1970.

Attorney(s) appearing for the Case

Richard Stuart, No. 44530, for appellant.

Eugene T. Urbaniak, Deputy Atty. Gen. of New Jersey (George F. Kugler, Jr., Atty. Gen. of New Jersey, Trenton, N. J., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This case challenges a District Court order denying a petition for a writ of habeas corpus filed on October 28, 1969. The petition was denied on the ground that it attacked (par. 5 of the petition) a sentence of one year imposed by the New York Supreme Court on August 10, 1964, which had been served1 prior to the imposition of the sentence of July 29, 1965, by the Passaic County, New Jersey, criminal...

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