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STYERS v. SMITH

No. 924, Docket 80-2335.

659 F.2d 293 (1981)

Seymour STYERS, Petitioner-Appellee, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Rolf Nils Olsen, Jr., Buffalo, N.Y. (Michael Ciminelli, Andrew Cataldo, Student Attys., Buffalo, N. Y. of counsel), for petitioner-appellee.

Wayne L. Benjamin, Asst. Atty. Gen., Albany, N. Y. (Robert Abrams, Atty. Gen., of the State of N. Y., William J. Kogan, Asst. Sol. Gen., Albany, N. Y. of counsel), for respondent-appellant.

Before FRIENDLY, MANSFIELD and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

Harold Smith, the Superintendent of Attica, appeals an order issued on October 25, 1980, by John T. Elfvin, Judge, of the District Court of the Western District of New York, 501 F.Supp. 880, granting the petition of Seymour Styers, a state prisoner now on parole, for a writ of habeas corpus. Styers, who was on June 24, 1974, convicted after a jury trial of robbery and possession of a dangerous...

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