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UNITED STATES v. MARTIN

No. 85, Docket 23160.

218 F.2d 604 (1955)

UNITED STATES of America ex rel. John LYONS, Appellant, v. Walter B. MARTIN, Warden, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 25, 1955.

Attorney(s) appearing for the Case

John Lyons, pro se.

Donald L. Jacoby, Brooklyn, N. Y., Nathaniel L. Goldstein, Atty. Gen. of the State of N. Y., Wendell P. Brown, Sol. Gen., Albany, N. Y., for appellee.

Before L. HAND and MEDINA, Circuit Judges, and DIMOCK, District Judge.

PER CURIAM.

The order is modified by striking out the words "on the merits"; but is otherwise affirmed on the authority of Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761 and United States ex rel. Kalan v. Martin, 2 Cir., 205 F.2d 514

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