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BARRY v. BROWER

No. 87-5777.

864 F.2d 294 (1988)

Michael C. BARRY v. Alfred BROWER and the Attorney General of the State of New Jersey. Appeal of Alfred BROWER, Superintendent, Bergen County Jail, and W. Cary Edwards, Attorney General of New Jersey.

United States Court of Appeals, Third Circuit.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Mildred Vallerini Spiller, Deputy Atty. Gen. (argued), Div. of Crim. Justice, Appellate Section, Trenton, N.J., for appellants.

Jane E. Haburay, Asst. Deputy Public Defender (argued), Appellate Section, East Orange, N.J., for appellee Michael C. Barry.

Before SEITZ, SLOVITER and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

The State of New Jersey appeals an order of the United States District Court for the District of New Jersey granting appellee Dr. Michael C. Barry's (Barry's) petition for a writ of habeas corpus under 28 U.S.C.A. § 2254 (West 1977). The order directs the Appellate Division of the New Jersey Superior Court to reinstate Barry's appeal and the...

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