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UNITED STATES v. McDONALD

No. 398, Docket 27836.

321 F.2d 540 (1963)

UNITED STATES ex rel. Robert MORTON, Relator-Appellant, v. Honorable James McDONALD, as Sheriff of Cayuga County Jail, Auburn, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided July 29, 1963.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Robert P. Lewis, Asst. County Atty., Cayuga County, Auburn, N. Y. (Paul O'Connor, County Atty., on the brief), for respondent.

Before LUMBARD, Chief Judge, and CLARK and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

Robert Morton appeals from an order of the United States District Court for the Northern District of New York, entered on August 9, 1962, denying, without a hearing, his application for a writ of habeas corpus filed the same day. At that time Morton was parolee in New York and Judge Brennan, relying on Jones v. Cunningham, 294 F.2d 608 (4 Cir. 1962), subsequently reversed 371 U.S. 236...

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