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UNITED STATES v. MURPHY

Civ. No. 7641.

177 F.Supp. 788 (1959)

UNITED STATES of America ex rel. Burdette HADLEY, alias James Hadley, Petitioner, v. Robert E. MURPHY, as Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

October 12, 1959.

Attorney(s) appearing for the Case

J. Michael Hippick, Albany, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of New York, Frank S. Hogan, Dist. Atty., New York County, New York City, Raymond B. Madden, Asst. Atty. Gen., of counsel, for respondent.

JAMES T. FOLEY, District Judge.

The petitioner filed for a writ of habeas corpus. I issued an order to show cause to the Attorney General of New York why the writ should not be granted and explained my reasons for such issuance in a memorandum-decision dated June 12, 1959. D.C., 178 F.Supp. 149. The Attorney General filed an opposing affidavit, joined in by the District Attorney, in answer to the order to show cause. By memorandum...

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