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OLDROYD v. KUGLER

No. 71-1118.

461 F.2d 535 (1972)

Kenneth OLDROYD et al., Appellants, v. George F. KUGLER, Jr., Attorney General and Chief Prosecutor of the State of New Jersey, et al.

United States Court of Appeals, Third Circuit.

Decided June 2, 1972.

Attorney(s) appearing for the Case

Norman L. Cantor, Newark, N. J., for appellants.

Fred H. Kumpf, Dept. of Law & Public Safety, Div. of Crim. Justice, Appellate Section, East Orange, N. J., for appellees.

Before BIGGS and VAN DUSEN, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The complaint filed July 27, 1970 sought the convening of a Three-Judge Court pursuant to 28 U.S.C. §§ 1331, 1343(3), 1343(4), 2281 and 2284, and 42 U.S.C. § 1983 and the Constitution of the United States. The plaintiffs also brought their action as a class suit pursuant to Rules 23(a) and 23(b) (2), Fed.R.Civ.Proc., 28 U.S.C. They seek to exercise the First...

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