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UNITED STATES v. DENNO

No. 307, Docket 29208.

355 F.2d 731 (1966)

UNITED STATES ex rel. Theodore R. STOVALL, Appellant, v. Honorable Wilfred DENNO, as Warden of Sing Sing Prison, Ossining, New York, Appellee.

United States Court of Appeals Second Circuit.

Argued January 21, 1965.

Decided January 31, 1966.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, The Legal Aid Society, New York City), for appellant.

Henry P. DeVine, Asst. Dist. Atty. (William Cahn, Dist. Atty., Nassau County, State of New York), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and ANDERSON, Circuit Judges.

Submitted en banc to this Court on May 26, 1965.

MOORE, Circuit Judge (with whom Judges KAUFMAN, HAYS and ANDERSON concur; Judge LUMBARD concurs in a separate opinion with which Judge KAUFMAN also concurs; Judge FRIENDLY dissents in a separate opinion with which Judge WATERMAN concurs; and Judge J. JOSEPH SMITH dissents in a separate opinion):

Theodore Roosevelt Stovall appeals from an order dismissing a writ of habeas corpus. The appeal was argued originally...

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