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HARNED v. HENDERSON

No. 908, Docket 75-2146.

535 F.2d 1399 (1976)

Edward H. HARNED, Jr., Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 29, 1976.

Attorney(s) appearing for the Case

Jeffrey I. Zuckerman, New York City, for petitioner-appellant.

Ralph L. McMurry, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. for the State of New York, New York City, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before ANDERSON, MULLIGAN and MESKILL, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the Hon. Orrin G. Judd, Judge, United States District Court for the Eastern District of New York, entered on October 17, 1975, which dismissed appellant's petition for a writ of habeas corpus. We vacate and remand in light of the Supreme Court's decision in Henderson v. Morgan, ___ U.S. ___, 96 S.Ct. 2253, 49 L.Ed.2d 108, 44 U.S.L.W. 4910, 19 Crim.L.Rep. 3133 (1976), aff'g 516 F.2d 897 (2d Cir., 1975). There...

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