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UNITED STATES EX REL. WILLIAMS v. LaVALLEE

No. 132, Docket 73-1720.

487 F.2d 1006 (1973)

UNITED STATES ex rel. Nathaniel WILLIAMS, Petitioner-Appellant, v. J. E. LaVALLEE, Warden of Clinton Correctional Facility, Dannemora, N. Y., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 20, 1973.

Certiorari Denied April 1, 1974.

Attorney(s) appearing for the Case

Barry H. Garfinkel, New York City (Josephine Lea Iselin, New York City, of counsel), for petitioner-appellant.

David R. Spiegel, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

Certiorari Denied April 1, 1974. See 94 S.Ct. 1622.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from denial of a petition by a state prisoner for a writ of habeas corpus in the United States District Court for the Southern District of New York, Irving Ben Cooper, Judge. We find error and remand for hearing.

Perhaps the most difficult aspect of this case is the circumstance that its critical events occurred either before or during what...

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