UNITED STATES v. McMANN

No. 159, Docket 30493.

386 F.2d 611 (1967)

UNITED STATES of America ex rel. William DAVIS, Petitioner-Appellee, v. Hon. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided October 26, 1967.

Certiorari Denied March 4, 1968.


Attorney(s) appearing for the Case

Gretchen White Oberman, Anthony F. Marra, New York City, for petitioner-appellee.

Joel Lewittes, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., of New York; Samuel A. Hirshowitz, First Asst. Atty. Gen., for respondent-appellant.

Before WATERMAN, MOORE and ANDERSON, Circuit Judges.


Certiorari Denied March 4, 1968. See 88 S.Ct. 1045.

WATERMAN, Circuit Judge:

This is an appeal by the warden of a New York state prison from an order of Chief Judge Foley of the United States District Court for the Northern District of New York sustaining appellee's writ of habeas corpus after a hearing at which the warden was represented by the office of the State Attorney General. Judge Foley's careful opinion setting forth his findings and conclusions is...

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