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UNITED STATES v. GERNIE

No. 201, Docket 26577.

287 F.2d 637 (1961)

UNITED STATES of America, Appellee, v. Joseph GERNIE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 16, 1961.

Attorney(s) appearing for the Case

Bella V. Dodd, New York City (Dodd, Cardiello & Blair, New York City, on the brief), for defendant-appellant.

Gerald E. Paley, Asst. U. S. Atty., Southern Dist. of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty. for the Southern Dist. of New York, David R. Hyde, Asst. U. S. Atty., on the brief), for appellee.

Before CLARK, MAGRUDER and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Appellant appeals from the denial of his motion made pursuant to 28 U.S.C.A. § 2255 to set aside the judgment of conviction upon the ground that there was such a denial of constitutional rights as to constitute a denial of a fair trial. Appellant claims that a hearing should have been granted because there were material and substantial issues of fact. The trial court concluded that a hearing was not required because an inspection...

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