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UNITED STATES EX REL. MULVANEY v. RUSH

No. 73-1088.

487 F.2d 684 (1973)

UNITED STATES of America ex rel. Robert B. J. MULVANEY v. John RUSH, Warden of the Essex County Penitentiary, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 5, 1973.

As Amended December 6, 1973.

Attorney(s) appearing for the Case

R. Benjamin Cohen, Asst. Prosecutor, Newark, N. J., for appellant.

Matthew P. Boylan, Lowenstein, Sandler, Brochin, Kohl & Fisher, Newark, N. J., for appellee.

Before BIGGS, ADAMS and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 14, 1973.

OPINION OF THE COURT

BIGGS, Circuit Judge.

This case presents an insurmountable puzzle to this court because of gross deficiencies in the record. We might be justified, we believe, in dismissing Rush's appeal for want of a proper record but we are not certain on which party the default falls.1 We will refrain from dismissing the appeal because of our view that...

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