Stefanelli v. Minard

Decision Date31 October 1950
Docket Number10212.,No. 10211,10211
Citation184 F.2d 575
PartiesGeorge STEFANELLI, Appellant, v. Duane E. MINARD, Jr., Prosecutor for Essex County, New Jersey, et al. Jerry MALANGA, Joseph Maglione and Frank D'Innocenzio, Appellants, v. Duane E. MINARD, Jr., Prosecutor for Essex County, New Jersey, et al.
CourtU.S. Court of Appeals — Third Circuit

Anthony A. Calandra, Newark, N. J., for appellants.

C. William Caruso, Newark, N. J., for Minard.

Vincent J. Casale, Newark, N. J., (Charles Handler, Newark, N. J., on the brief), for other appellees.

Before BIGGS, Chief Judge, and KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

The appeals in the instant cases are without merit. Every question here raised by the appellants can be asserted by them in the New Jersey State Courts and the way to the Supreme Court of the United States lies open. Federal courts should not enjoin criminal proceedings in state courts save in exceptional cases to prevent irreparable injury which is clear and imminent. Douglas v. City of Jeannette, 319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1324. As to the application of the principles of the Fourth Amendment to the cases at bar see Wolf v. People of State of Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782. The judgments will be affirmed.

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7 cases
  • Stefanelli v. Minard
    • United States
    • U.S. Supreme Court
    • December 3, 1951
  • Denton v. City of Carrollton, Georgia
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 20, 1956
    ... ... Stefanelli v. Minard, 1951, 342 U.S. 117, 72 S.Ct. 118, 96 L.Ed. 138. The language used, 342 U.S. at pages 122-125, 72 S.Ct. at page 121, further illuminates ... ...
  • Turco v. Allen, Civ. No. 71-859.
    • United States
    • U.S. District Court — District of Maryland
    • November 19, 1971
    ...district court refused to grant an injunction and dismissed the complaint. This action was affirmed in the Court of Appeals (Stefanelli v. Malanga, 184 F.2d 575, 3rd Cir. 1950). The Supreme Court also approved this disposition and Mr. Justice Frankfurter, in the course of his majority opini......
  • Public Housing Administration v. Bristol Township
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • January 3, 1957
    ...down the same day. Cf. United States v. Constantine, 1935, 296 U.S. 287, 295, 296, 56 S.Ct. 223, 80 L.Ed. 233. 22 See Stefanelli v. Minard, 3 Cir., 1950, 184 F.2d 575, affirmed 1951, 342 U.S. 117, 120-122, 72 S.Ct. 118, 96 L.Ed. 138. This conclusion does not preclude Mr. Bronson's right to ......
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