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UNITED STATES EX REL. SCHNITZLER v. FOLLETTE

No. 284, Docket 32894.

406 F.2d 319 (1969)

UNITED STATES of America ex rel. Alfred SCHNITZLER, Petitioner-Appellee, v. Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1969.

Attorney(s) appearing for the Case

Alfred Schnitzler, pro se, petitioner-appellee.

Brenda Soloff, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge:

The Attorney General appeals from a district court order which directs issuance of a writ of habeas corpus, despite the fact that this court previously rejected a habeas corpus application by petitioner Alfred Schnitzler based upon the same factual and legal contentions raised by his present petition.

We reverse. The district court abused its discretion under 28 U.S.C.A. § 2244(b) in entertaining petitioner's application for habeas...

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