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RODRIGUEZ v. McGINNIS

Nos. 354-356, Dockets 34567, 35300, 35253.

456 F.2d 79 (1972)

Eugene RODRIGUEZ, and the United States of America ex rel. Eugene Rodriguez, Petitioner-Appellee, v. Paul D. McGINNIS, Commissioner of Correction, et al., Respondents-Appellants. UNITED STATES ex rel. Michael KATZOFF, Petitioner-Appellee, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York and John T. Deegan, Warden of Auburn State Prison, Auburn, New York, Respondents-Appellants. John KRITSKY, and United States of America ex rel. John Kritsky, Petitioner-Appellee, v. Paul D. McGINNIS, Commissioner of Correction, Russell G. Oswald, Chairman of the Board of Parole, J. Edwin LaVallee, Warden of Clinton State Prison, New York State Board of Parole and New York State Department of Correction, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 25, 1972.

Argued to the in banc court November 4, 1971.

ORDER

The District Court for the Northern District of New York having, by order date December 23, 1969, directed the release of petitioner Eugene Rodriguez, on the ground that he was unconstitutionally deprived of good behavior time credit, in an opinion reported at 307 F.Supp. 623, and a panel of this court by decision dated March 16, 1971, 451 F.2d 1969, 730, having...

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