United States of America Ex Rel. Robert B. J. Mulvaney v. John Rush, Warden of the Essex County Penitentiary
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
BIGGS, Circuit Judge.
This ease presents an insurmountable puzzle to this court because of gross deficiencies in the record. We might be justified, we believe, in dismissing Rush’s appeal for want of a proper record but we are not certain on which party the default falls. 1 We will refrain from dismissing the appeal because of our view that the record can be repaired to a point where the district court and this court can adjudicate justly the issues presented and because comity should be preserved insofar as possible between the New Jersey State Courts and the Courts of the…
2Cases cited10 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Hackett v. General Host Corp.Supreme Court of the United States · 1972
- Rogers v. RichmondSupreme Court of the United States · 1958
- State v. YormarkNew Jersey Superior Court Appellate Division · 1971
- United States v. Garnett BowlesCourt of Appeals for the Third Circuit · 1964
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3Cited by20 opinions
- Fassett v. Delta Kappa EpsilonCourt of Appeals for the Third Circuit · 1986
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- In Re Capital Cities/abc, Inc.'s Application for Access to Sealed Transcripts. Appeal of Capital Cities/abc, IncCourt of Appeals for the Third Circuit · 1990
- Susan Clark v. K-Mart CorporationCourt of Appeals for the Third Circuit · 1992
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