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UNITED STATES EX REL. STANBRIDGE v. ZELKER

Nos. 709, 710, Dockets 73-2504, 75-2009.

514 F.2d 45 (1975)

UNITED STATES of America ex rel. William STANBRIDGE, Petitioner-Appellee-Appellant, v. John R. ZELKER, Superintendent of Green Haven Correctional Facility, Russell Oswald, Commissioner of Corrections, Respondents-Appellants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 15, 1975.

Attorney(s) appearing for the Case

William Epstein, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for petitioner-appellee-appellant.

Ralph L. McMurry, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., on the brief, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondents-appellants-appellees.

Before ANDERSON, MULLIGAN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York granting in part and denying in part petitioner's application for a writ of habeas corpus. We have concluded that the district judge erred in his partial grant of the writ. Accordingly, we reverse that portion of his order while affirming his decision in all other respects.

On March 22, 1961, as petitioner William Stanbridge...

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