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UNITED STATES EX REL. FIORAVANTI v. YEAGER

No. 17143.

404 F.2d 675 (1968)

UNITED STATES of America ex rel. John FIORAVANTI, No. 41785, Appellant, v. Howard YEAGER, Principal Keeper, New Jersey State Prison, Trenton, Appellee.

United States Court of Appeals Third Circuit.

Decided December 17, 1968.

Attorney(s) appearing for the Case

Joel J. Finer, Flushing, N. Y., for appellant.

Elliot L. Katz, Freehold, N. J. (Vincent P. Keuper, Monmouth County Prosecutor, Freehold, N. J., Thomas L. Yaccarino, Asst. County Prosecutor, on the brief), for appellee.

Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellant was convicted in the state court of breaking and entering with intent to steal, receiving stolen property and possessing burglary tools. His conviction was affirmed on appeal to the New Jersey Supreme Court and the United States Supreme Court denied certiorari. This proceeding is an appeal from the denial by the District Court of appellant's application for a writ of habeas corpus.

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