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UNITED STATES v. MARTIN

No. 305, Docket 24407.

247 F.2d 659 (1957)

UNITED STATES of America ex rel. Clyde ROOSA, Petitioner-Appellant, v. Walter B. MARTIN, Warden of Attica Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 16, 1957.

Attorney(s) appearing for the Case

Boris I. Bittker, New Haven, Conn., for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen., New York City (James O. Moore, Jr., Sol. Gen., Michael Freyberg and Lawrence H. Rogovin, Deputy Asst. Attys. Gen., New York City, of counsel), for respondent-appellee.

Before CLARK, Chief Judge, and MEDINA, HINCKS, LUMBARD and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

Clyde Roosa appeals from an order of Judge Burke denying "upon the merits" his petition for a writ of habeas corpus, by which he sought to attack as void a sentence imposed upon him by Judge Breed of the County Court of Onondaga County, New York, on December 19, 1950. The case is properly before us on a certificate of probable cause and leave to appeal in forma pauperis granted by this Court...

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