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UNITED STATES EX REL. FARMER v. KOSAN

No. 633, Docket 35442.

440 F.2d 1256 (1971)

UNITED STATES of America ex rel. George FARMER, Petitioner-Appellant, v. A. KOSAN, Warden, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1971.

Attorney(s) appearing for the Case

Thomas F. Daly, New York City (Franklin B. Velie, New York City, of counsel), for petitioner-appellant.

Lewis R. Friedman, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty., New York County, Michael R. Juviler, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before MOORE and SMITH, Circuit Judges, and TIMBERS, District Judge.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, dismissing, without a hearing, a petition for a writ of habeas corpus.

The appellant, George Farmer, was arrested together with two other men on February 24, 1970 and charged with attempted grand larceny, possession of burglar's tools, and resisting arrest. Subsequently, on motion of the state, the...

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