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LEGAL AID SOCIETY OF NEW YORK v. HERLANDS

Nos. 32419, MR-1823, MR-2056.

399 F.2d 343 (1968)

The LEGAL AID SOCIETY OF NEW YORK and Anthony F. Marra, Petitioners, v. Hon. William B. HERLANDS, United States District Judge for the Southern District of New York, Respondent. Lowell M. BIRRELL, Petitioner, v. Hon. William B. HERLANDS, United States District Judge for the Southern District of New York, Respondent. UNITED STATES of America, v. Lowell M. BIRRELL, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 14, 1968.

Certiorari Denied January 13, 1969.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City, for The Legal Aid Society of New York and Anthony F. Marra.

Lowell M. Birrell, pro se.

Stephen F. Williams, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York), for the United States.

Before FRIENDLY, SMITH and KAUFMAN, Circuit Judges.

Certiorari Denied January 13, 1969. See 89 S.Ct. 649.

FRIENDLY, Circuit Judge:

These three applications are the latest episode in the stormy voyage of United States v. Birrell, S.D.N.Y., 286 F.Supp. 885. The indictment was filed July 20, 1961, but defendant was then outside the United States and did not return until April 23, 1964. The case finally went to trial before Judge Herlands and a jury on December 4, 1967. Mr...

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