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BARRY v. BERGEN COUNTY PROBATION DEPT.

No. 96-5577.

128 F.3d 152 (1997)

Michael C. BARRY v. BERGEN COUNTY PROBATION DEPARTMENT, Hackensack, N.J.; Attorney General Of The State Of New Jersey, Bergen County Probation Department, Peter Verniero, Attorney General of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Peter Verniero, Attorney General of New Jersey, Arthur S. Safir (argued), Deputy Attorney General, Trenton, NJ, for Appellants.

David M. Quirk (argued), Montclair, NJ, for Appellee.

Before: STAPLETON, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This is an appeal from a judgment of the district court, dated August 7, 1996, granting petitioner-appellee Michael C. Barry's petition for a writ of habeas corpus. The district court held that it had subject matter jurisdiction to consider Barry's petition because his community service obligation constituted custody for purposes of habeas corpus review pursuant...

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