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UNITED STATES v. FAY

No. 347, Docket 26207.

284 F.2d 301 (1960)

UNITED STATES of America ex rel. William LYNCH, Petitioner-Appellee, v. Edward M. FAY, Warden, Green Haven Prison, and The People of the State of New York, Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided August 29, 1960.

Motion to Amend Order Denied December 2, 1960.

Attorney(s) appearing for the Case

Jaffe & Wachtell, New York City (David Jaffe, Herbert M. Wachtell, New York City, of counsel), for appellee.

Louis J. Lefkowitz, Atty. Gen., State of N. Y. (Samuel A. Hirshowitz, First Asst. Atty. Gen., George K. Bernstein, William G. Ross, Asst. Attys. Gen., of counsel), for appellants.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.

PER CURIAM.

We have been informed that petitioner died on July 30, 1960, after submission of his appeal, but prior to a determination thereof.

The appeal is dismissed as moot.

On Motion to Amend Order

PER CURIAM.

Petition denied.

MOORE, Circuit Judge (dissenting).

I would grant the petition to amend. Although the appeal is moot by reason of William Lynch's death, the proper procedure indicated by the Supreme Court...

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