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SLOTNICK v. O'LONE

No. 81-2793.

683 F.2d 60 (1982)

Seymour Pincus SLOTNICK a/k/a Sino Pincus Slotnick v. Edward O'LONE, and The Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided June 28, 1982.

Attorney(s) appearing for the Case

David A. Ruhnke, Asst. Federal Public Defender, D. N. J., Newark, N. J., for appellant.

Irwin I. Kimmelman, Atty. Gen. of N. J., Richard J. Hughes, Trenton, N. J., for appellee; Debra L. Stone, Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N. J., of counsel.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) on June 16, 1982.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal from the denial of habeas corpus relief presents a petition which contains both claims exhausted in the state courts and claims not so exhausted. The Supreme Court's recent opinion in Rose v. Lundy, ___ U.S. ___, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), dictates the dismissal of such a petition. Therefore we vacate the judgment...

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