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UNITED STATES v. McCLOSKEY

No. 271, Docket 29609.

359 F.2d 788 (1966)

UNITED STATES of America ex rel. Joseph USHKOWITZ, Joseph Flori, Alfred Alphonse Giuliano and Francis T. Russo, Relators-Appellants, v. John J. McCLOSKEY, Respondent.

United States Court of Appeals Second Circuit.

Decided May 2, 1966.

Attorney(s) appearing for the Case

Arnold E. Wallach, New York City (Max Fruchtman, New York City, and Sidney G. Sparrow, Kew Gardens, N. Y., on the brief), for appellants.

Irving P. Seidman, Asst. Dist. Atty. for Kings County, New York (Aaron E. Koota, Dist. Atty., and Elliot Golden, Chief Asst. Dist. Atty., on the brief), for respondent.

Before SMITH, HAYS and ANDERSON, Circuit Judges.

HAYS, Circuit Judge:

Appellants seek by petition for a writ of habeas corpus to secure their discharge from the custody of respondent-appellee who is the Sheriff of the City of New York. Each of the appellants appeared before a grand jury of New York State which was investigating charges of a criminal conspiracy among employees of the New York Telephone Company, police officers of New York City and gamblers to obstruct enforcement of the gambling laws. In the course...

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