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UNITED STATES EX REL. BANKS v. HENDERSON

No. 907, Docket 75-2022.

514 F.2d 1000 (1975)

UNITED STATES of America ex rel. William H. BANKS, Appellant, v. Robert J. HENDERSON et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided April 18, 1975.

Attorney(s) appearing for the Case

E. Thomas Boyle, New York City (William J. Gallagher, The Legal Aid Society, New York City, on the brief), seeking to be relieved as counsel.

Arlene R. Silverman, Asst. Atty. Gen. of N. Y., for appellees, seeking dismissal of the appeal.

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

PER CURIAM:

For the reasons stated by Judge Frankel in denying Banks's petition for a writ of habeas corpus, 74 Civ. 3882 (S.D. N.Y., Nov. 19, 1974), we grant the Legal Aid Society's motion under Anders v. California, 386 U.S. 738, 774, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) to be relieved as counsel, and dismiss the appeal.

This case presents one novel, though frivolous, claim, on which we deem it necessary to comment briefly...

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