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

Civ. A. Nos. 1252-73, 1808-73.

400 F.Supp. 1152 (1975)

UNITED STATES of America ex rel. Frank PETILLO, Petitioner, v. STATE OF NEW JERSEY et al., Respondents. Angelo ALBANESE, Petitioner, v. Howard YEAGER et al., Respondents.

United States District Court, D. New Jersey.

As Amended September 18, 1975.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender by Rosemary K. Reavey, Asst. Deputy Public Defender, for petitioner Petillo.

Joseph P. Lordi, Essex County Prosecutor by R. Benjamin Cohen, Asst. Prosecutor, for respondents State of New Jersey, and others.

Noonan & Flynn by Robert J. DeGroot, Newark, N. J., for petitioner Albanese.

Joseph P. Lordi, Essex County Prosecutor by Kenneth P. Ply, Asst. Prosecutor, for respondents Howard Yeager, and others.

OPINION

STERN, District Judge.

Petitioners seek writs of habeas corpus pursuant to the provisions of Title 28 U.S.C. § 2254. Petitioner Petillo commenced Civil Action No. 1252-73 on August 28, 1973. Petitioner Albanese began Civil Action No. 1808-73 on December 14, 1973. The two actions were consolidated by order of the Court on November 22, 1974, on consent of all parties, on the basis of the applicability to both of the common question of law known...

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