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UNITED STATES WEBER v. FAY

No. 417, Docket 29508.

343 F.2d 710 (1965)

The UNITED STATES of America ex rel. Robert WEBER, Petitioner-Appellant, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 6, 1965.

Attorney(s) appearing for the Case

R. Kenly Webster, New York City (S. Edmund Resciniti, Jr., Brooklyn, N. Y., of counsel), for petitioner-appellant.

Philip Weinberg, Senior Atty. (Louis J. Lefkowitz, Atty. Gen., of New York, on the brief) (Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel) for respondent-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

PER CURIAM:

This is an appeal from a denial of an application for a writ of habeas corpus by the United States District Court for the Southern District of New York, Cannella, J. The basic facts appear in our prior opinion on the previous appeal of this appellant, United States ex rel. Weber v. People of State of New York and Fay, 316 F.2d 603 (2 Cir.), cert. denied 375 U.S. 822, 84 S.Ct. 62, 11 L.Ed.2d 56 (1963), and will not be repeated...

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