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UNITED STATES EX REL. THOMAS v. STATE OF NEW JERSEY

No. 72-1361.

472 F.2d 735 (1973)

UNITED STATES of America ex rel. Clay THOMAS v. STATE OF NEW JERSEY et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided January 23, 1973.

Attorney(s) appearing for the Case

George F. Kugler, Jr., Atty. Gen., Alfred J. Luciani, Deputy Atty. Gen., East Orange, N. J., for appellants.

Thomas E. Bracken, Office of Public Defender, Morristown, N. J., Stanley C. Van Ness, Office of Public Defender, Trenton, N. J., for appellee.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal by the State of New Jersey from an order granting a petition for a writ of habeas corpus. The basic order appealed from provides:

"ORDERED that a writ of habeas corpus shall issue. Further ORDERED that pending appeal, if any is taken by the State, or pending retrial, the Passaic County Court entertain an application by petitioner for...

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