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UNITED STATES EX REL. ROSS v. McMANN

Nos. 492, 540, Dockets 32140, 30420.

409 F.2d 1016 (1969)

UNITED STATES of America ex rel. Wilbert ROSS, Relator-Appellant, v. Daniel McMANN, as Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee. UNITED STATES of America ex rel. Foster DASH, Petitioner-Appellant, v. The Hon. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 26, 1969.

Attorney(s) appearing for the Case

Thomas D. Barr, New York City (Duane W. Krohnke, New York City, on the brief), for relator-appellant.

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

Gretchen White Oberman, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

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

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted to the Court in banc October 17, 1968.

J. JOSEPH SMITH, Circuit Judge (with whom WATERMAN, IRVING R. KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges, concur):

I.

United States ex rel. Ross v. McMann is an appeal from a dismissal without hearing of an application by a state prisoner for writ of habeas corpus in the District Court for the Eastern District of New York, Walter Bruchhausen, Judge. Relator, confined in a New York State prison...

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