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UNITED STATES EX REL. FOYE v. STATE OF N. J.

No. 76-1280.

547 F.2d 217 (1977)

UNITED STATES of America ex rel. James Ellis FOYE, Appellant, v. STATE OF NEW JERSEY and Ronald Groomes, Superintendent New Jersey State Prison, Respondents.

United States Court of Appeals, Third Circuit.

Decided January 5, 1977.

Attorney(s) appearing for the Case

Stanley C Van Ness, Public Defender, East Orange, N.J., for appellant.

James T. O'Halloran, Prosecutor of Hudson County, Jersey City, N.J., for respondents.

Before BIGGS, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

This appeal is from a judgment denying habeas corpus brought pursuant to 28 U.S.C. § 2241. The appellant Foye contends that the district court erred in three respects. First, Foye argues that the district judge incorrectly placed the burden of proof on him at an evidentiary hearing held to determine whether or not there had been tortious police interference with his access and communication with counsel. Foye...

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