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UNITED STATES EX REL. BIRNBAUM v. DOLAN

No. 19406.

452 F.2d 1078 (1971)

UNITED STATES of America ex rel. Alex BIRNBAUM, Appellant, v. Edward J. DOLAN et al.

United States Court of Appeals, Third Circuit.

Decided December 21, 1971.

Attorney(s) appearing for the Case

Alex Birnbaum, pro se.

Lewis N. White, III, Asst. Prosecutor, New Brunswick, N. J. (John S. Kuhlthau, Prosecutor, Middlesex County, New Brunswick, N. J., on the brief), for Edward J. Dolan.

John S. Fitzpatrick, Deputy Atty. Gen., Trenton, N. J. (George F. Kugler, Jr., Atty. Gen. of N. J., Stephen Skillman, Asst. Atty. Gen., Trenton, N. J., on the brief), for Dale G. Cordy.

Before VAN DUSEN and ROSEN, Circuit Judges and LAYTON, Senior District Judge.

OPINION OF THE COURT

PER CURIAM:

Appellant has appealed from the Order of the District Court dismissing his civil rights complaint as demonstratively frivolous and insufficient on its face.

In January of 1967, an assault and battery, and a robbery occurred in Jamesburg, New Jersey. On March 20, 1969, a robbery occurred in Point Pleasant, New Jersey. Birnbaum was arrested in connection with the Point Pleasant robbery. Detective Cordy of the New Jersey...

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