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UNITED STATES v. FAY

No. 404, Docket 31920.

394 F.2d 109 (1968)

UNITED STATES ex rel. Melville R. ANDERSON, Relator-Appellant, v. Edward M. FAY, Warden, Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 29, 1968.

Attorney(s) appearing for the Case

Thomas R. LeViness, New York City, filed a brief for relator-appellant.

Michael Jaffe, New York City, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), filed a brief for respondent-appellee.

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

PER CURIAM:

Melville R. Anderson, an inmate of Green Haven Prison, Stormville, New York, appeals from an order of the United States District Court for the Southern District of New York, Cashin, J., dismissing on the merits his application for a writ of habeas corpus following a hearing. On March 26, 1962, after a jury trial in state court, Anderson was found guilty of kidnapping and robbery in the first degree and is currently serving concurrent sentences of from...

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