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HELFANT v. KUGLER

No. 73-1386.

484 F.2d 1277 (1973)

Edwin H. HELFANT, Appellant, v. George F. KUGLER, Attorney General of the State of New Jersey, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided September 10, 1973.

Rehearing Granted January 11, 1974.

Attorney(s) appearing for the Case

Marvin D. Perskie, Perskie & Callinan, Wildwood, N. J., Patrick T. McGahn, Jr., Atlantic City, N. J., for appellant.

Edward C. Laird, State of N. J., Dept. of Law & Public Safety, Division of Law, George F. Kugler, Jr., Atty. Gen. of N. J., Trenton, N. J., for appellees.

Before STALEY, ADAMS and GIBBONS, Circuit Judges.

Rehearing En Banc Granted January 11, 1974.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from an order of the district court which (1) denied plaintiff's motion for a preliminary injunction prohibiting the Attorney General of New Jersey and others from proceeding with the prosecution of an indictment pending in that state, and (2) granted the defendants' motion to dismiss the complaint for failure to state a claim upon which relief could be...

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