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UNITED STATES EX REL. ROGERS v. LaVALLEE

No. 752, Docket 74-2361.

517 F.2d 1330 (1975)

UNITED STATES ex rel. James W. ROGERS, Appellant, v. J. Edwin LaVALLEE, Warden, Clinton Correctional Facility, Dannemora, New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 15, 1975.

Attorney(s) appearing for the Case

Lois R. Goodman, Projects for Prisoners' Rights, Syracuse, for appellant.

Margery Evans Reifler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Before LUMBARD and OAKES, and BARTELS,

OAKES, Circuit Judge:

This is a double jeopardy case,1 arising out of a state court conviction for kidnapping. The appeal is from a denial of a writ of habeas corpus by the United States District Court for the Northern District of New York, Edmund Port, Judge. On appellant's previous appeal to this court from such a denial, United States ex rel. Rogers v. LaVallee, 463 F.2d 185

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