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HELFANT v. KUGLER

No. 73-1386.

500 F.2d 1188 (1974)

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

United States Court of Appeals, Third Circuit.

Submitted November 19, 1973.

Reargued April 10, 1974.

Decided July 8, 1974.

Certiorari Granted November 18, 1974.

Attorney(s) appearing for the Case

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

George F. Kugler, Jr., Atty. Gen. of N. J., Trenton, N. J., David S. Baime, Alfred J. Luciani, Edward C. Laird, Deputy Attys. Gen., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted under Third Circuit Rule 12(6) November 19, 1973.

Certiorari Granted November 18, 1974. See 95 S.Ct. 492.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Presenting a delicate question of federal-state comity, this appeal requires us to decide whether federal fact-finding should be utilized to determine whether a New Jersey municipal court judge's testimony before a state grand jury was the product of a free and unconstrained will...

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