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UNITED STATES EX REL. CATENA v. ELIAS

No. 18855.

449 F.2d 40 (1971)

UNITED STATES of America ex rel. Gerardo CATENA, Appellant, v. Albert ELIAS, Superintendent of Youth Reception and Correction Center at Yardville, N. J.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1971.

Decided September 2, 1971.

Stay Granted October 12, 1971.

Attorney(s) appearing for the Case

Robert L. Weinberg, Williams & Connolly, Washington, D. C., Beckerman, Franzblau & Cohen, Newark, N. J., for relator-appellant; S. M. Chris Franzblau, Newark, N. J., Osmond K. Fraenkel, New York City, Edward Bennett Williams, Washington, D. C., of counsel.

George P. Doyle, Trenton, N. J., for appellee, State Commission of Investigation, Trenton, N. J., Wilbur H. Mathesius, Trenton, N. J., of counsel.

Before HASTIE, Chief Judge, and McLAUGHLIN, SEITZ, VAN DUSEN, ALDISERT, ADAMS and ROSENN, Circuit Judges.

Stay Granted October 12, 1971. See 92 S.Ct. 111.

Argued Oct. 22, 1970

Before McLAUGHLIN, FREEDMAN and VAN DUSEN, Circuit Judges.

Reargued May 11, 1971

Before HASTIE, Chief Judge, and McLAUGHLIN, SEITZ, VAN DUSEN, ALDISERT, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This appeal presents the question whether the Fifth Amendment's prohibition of compelled self-incrimination precludes...

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