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UNITED STATES EX REL. FERRARI v. HENDERSON

No. 567, Docket 72-2233.

474 F.2d 510 (1973)

UNITED STATES ex rel. Frank L. FERRARI, Relator-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 23, 1973.

Attorney(s) appearing for the Case

Meredith M. Brown, New York City (Debevoise, Plimpton, Lyons & Gates, New York City, of counsel), for relator-appellant.

Ilene J. Slater, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from an order dated January 21, 1972 of the United States District Court for the Western District of New York, Hon. Harold P. Burke, District Judge, which denied the relator's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 30, 1972, this court granted appellant's motion for a certificate of probable cause, for leave to proceed in forma pauperis and for the assignment of counsel.

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