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UNITED STATES EX REL. JOHNSON v. CHAIRMAN, N. Y. ST. BD. OF P.

No. 617, Docket 73-2581.

500 F.2d 925 (1974)

UNITED STATES ex rel. Thomas JOHNSON, Petitioner-Appellee, v. CHAIRMAN OF NEW YORK STATE BOARD OF PAROLE and Commissioner of New York State Department of Correctional Services, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 13, 1974.

Judgment Vacated November 18, 1974.

Attorney(s) appearing for the Case

Burton Herman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondents-appellants.

Stanley A. Bass, New York City (NAACP Legal Defense Fund, of counsel), for petitioner-appellee.

Before HAYS, MANSFIELD and OAKES, Circuit Judges.

Judgment Vacated November 18, 1974. See 95 S.Ct. 488.

MANSFIELD, Circuit Judge:

This appeal by the Chairman of the New York State Board of Parole and the Commissioner of the New York State Department of Correctional Services from an order of Judge John F. Dooling, Jr., of the Eastern District of New York, raises the issue of whether the Due Process Clause of the Fourteenth Amendment requires the New York State Board...

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