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UNITED STATES EX REL. HUSSEY v. LaVALLEE

No. 773, Docket 34200.

428 F.2d 457 (1970)

UNITED STATES of America ex rel. John HUSSEY, Relator-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 24, 1970.

Attorney(s) appearing for the Case

John R. Hupper, New York City (Leonard P. Novello, New York City, on the brief), for relator-appellant.

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

Before FRIENDLY and KAUFMAN, Circuit Judges, and McLEAN, District Judge.

PER CURIAM:

Relator John Hussey and two companions, Benny Calcione and Eugene Bogart, were indicted in Kings County for first degree murder committed in the course of escaping from a robbery in July 1949. The court appointed three lawyers to represent Hussey and set the case down for trial to begin on January 16, 1950. Prior to that date, Hussey's lawyers conferred with Samuel Bader, an experienced criminal lawyer, who had

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