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UNITED STATES v. MURPHY

Civ. No. 8131.

208 F.Supp. 562 (1962)

UNITED STATES of America ex rel. Floyd Edgar MARTIN, Petitioner, v. Hon. Robert E. MURPHY, Warden of Auburn Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

August 31, 1962.

Attorney(s) appearing for the Case

Andrew V. Clements, Albany, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Albany, N. Y., for respondent Warden, Roger E. Davis, (now retired), Dist. Atty., Wayne County, Newark, N. Y., Raymond B. Madden, Asst. Atty. Gen., of counsel.

JAMES T. FOLEY, District Judge.

In a seven-page memorandum-decision and order dated September 1, 1960, I denied without a hearing a petition filed by Martin for a writ of habeas corpus. (D.C., 187 F.Supp. 395). As expressed in the decision, I granted therein without further application a certificate of probable cause to review such denial because of the many imponderables and immense variety of viewpoint expressed by the federal...

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