Court of Appeals for the Third Circuit December 6, 1973, 73-1088 (United States of America Ex Rel. Robert B. J. Mulvaney v. John Rush, Warden of the Essex County Penitentiary)

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.