Court of Appeals for the Third Circuit January 12, 1981, 79-1722 (Joseph Zicarelli v. Christopher Dietz, Chairman, New Jersey Parole Board and Sally G. Carroll, Associate Member, New Jersey Parole Board)

GIBBONS, Circuit Judge,

dissenting:

When this long drawn out case was before the court en banc it was my view that Mr. Zicarelli’s fair cross section claim had already been presented to and properly rejected by the New Jersey Courts. 543 F.2d 466, 489 (3d Cir. 1976). That claim is before us again, in a posture essentially no different, except for age, than when we considered it four years ago.