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UNITED STATES EX REL. WOJTYCHA v. HOPKINS

No. 74-1807.

517 F.2d 420 (1975)

UNITED STATES of America ex rel. Chester WOJTYCHA, Appellant, v. Walter HOPKINS, Chief Probation Officer, Hudson County, New Jersey, and Geoffrey Gaulkin, Hudson County Prosecutor, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 29, 1975.

Attorney(s) appearing for the Case

Crummy, Del Deo, Dolan & Purcell, Newark, N. J., for appellant; John T. Dolan, Newark, N. J., of counsel; David M. Hyman, Newark, N. J., on the brief.

William F. Hyland, Atty. Gen. of N. J., Trenton, N. J., for appellees; Robert J. Genatt, Deputy Atty. Gen., East Orange, N. J., of counsel and on the brief.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

This is a habeas corpus case having its origin in a state conflict of interest charge against a municipal official. The dismissal of an ensuing appeal by the United States Supreme Court, in the district court's view, was dispositive of an attack on the constitutionality of the relevant state statute. While granting that a probationary sentence was sufficient to establish...

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