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UNITED STATES v. LaVALLEE

No. 51, Docket 30503.

367 F.2d 351 (1966)

UNITED STATES of America ex rel. Henry WILSON, Petitioner-Appellant, v. Hon. J. Edwin LaVALLEE (successor to Hon. Robert E. Murphy), Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 18, 1966.

Attorney(s) appearing for the Case

Dixon S. Welt, Albany, N. Y., for petitioner-appellant.

Barry Mahoney, Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before SMITH, HAYS and FEINBERG, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Henry Wilson appeals from the denial of his application for a writ of habeas corpus by Chief Judge James T. Foley of the United States District Court for the Northern District of New York, United States ex rel. Wilson v. LaVallee, 251 F.Supp. 292 (N.D.N.Y.1966), after a hearing held pursuant to the remand order in United States ex rel. Wilson v. Murphy, 335 F.2d 550

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