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UNITED STATES EX REL. ECHEVARRIA v. SILBERGLITT

No. 430, Docket 34502.

441 F.2d 225 (1971)

UNITED STATES of America ex rel. Rafael ECHEVARRIA, Petitioner-Appellant, v. Harry SILBERGLITT, Warden, Brooklyn House of Detention, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 26, 1971.

Attorney(s) appearing for the Case

Barry H. Garfinkel, New York City (James William Moore, Michael W. Mitchell, Thomas J. Schwarz, Skadden, Arps, Slate, Meagher & Flom, New York City, on the brief), for petitioner-appellant.

William J. Stutman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.

HAYS, Circuit Judge:

This is an appeal from a ruling of the United States District Court for the Eastern District of New York, denying petitioner's application for a writ of habeas corpus on the ground that, since petitioner Echevarria had not properly effected removal of his case to the federal courts, the state court had jurisdiction to enter the conviction of which he complains.

Petitioner alleges that in the winter...

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