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HOPSON v. ASCH

No. 71-1082.

457 F.2d 79 (1972)

Ella HOPSON, Appellant, v. Karl ASCH, County Prosecutor, Union County, New Jersey and George F. Kugler, Jr., Attorney General for the State of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 14, 1972.

Attorney(s) appearing for the Case

Richard I. Samuel, Lerner, David & Littenberg, Newark, N. J. (Stephen Nagler, American Civil Liberties Union of N. J., Newark, N. J., on the brief) for appellant.

Elson P. Kendall, Asst. Prosecutor, Elizabeth, N. J. (Karl Asch, Union County Prosecutor, Elizabeth, N. J., on the brief) for appellee Asch.

Michael R. Perle, Dept. of Law and Public Safety, East Orange, N. J. (George F. Kugler, Jr., Atty. Gen. of N. J., Trenton, N. J., on the brief), for appellee Kugler.

Before ADAMS and JAMES ROSEN, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from an order of the district court dismissing the complaint filed by appellant, Ella Hopson.1

Ella Hopson was indicted on two counts. The first count charged her with inciting an assault upon a police officer of the City of Linden, New Jersey, on September 19, 1968, contrary to the provisions of N.J.S. 2A:148-10(b). The second count alleged Ella Hopson committed an assault...

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