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UNITED STATES EX REL. RUSSO v. SUPERIOR COURT OF N. J., ETC.

No. 72-2154.

483 F.2d 7 (1973)

UNITED STATES ex rel. Joseph RUSSO, Appellant, v. SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, PASSAIC COUNTY, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided July 24, 1973.

As Amended August 23, 1973.

Certiorari Denied November 12, 1973.

Attorney(s) appearing for the Case

Donald Horowitz, Cummins, Cummins, Dunn, Horowitz, Rosener & Pashman; Hackensack, N. J., for appellant.

Joseph D. J. Gourley, Prosecutor, Paterson, N. J., for appellees, Gary H. Schlyen, Passaic, on brief.

Before HUNTER and WEIS, Circuit Judges, and NEWCOMER, District Judge.

Certiorari Denied November 12, 1973. See 94 S.Ct. 447.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from the denial of a writ of habeas corpus by the district court. Appellant Joseph Russo has been accused of committing first degree murder. His first trial ended in a mistrial over his objection.1 He contends that for the state to retry him would violate the Fifth Amendment's prohibition against...

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