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MALLEY v. MANSON

No. 346, Docket 76-2072.

547 F.2d 25 (1976)

Edward MALLEY, Jr., Petitioner-Appellee, v. John MANSON, Commissioner of Corrections, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 20, 1976.

Certiorari Denied March 7, 1977.

Attorney(s) appearing for the Case

Bradford J. Ward, Asst. State's Atty., Waterbury, Conn. (Francis M. McDonald, State's Atty., Walter H. Scanlon, Asst. State's Atty., Judicial District of Waterbury, Waterbury, Conn., of counsel), for respondent-appellant.

Thomas D. Clifford, Hartford, Conn. (Peter W. Benner, Hartford, Conn., of counsel), for petitioner-appellee.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges, and BONSAL, District Judge.

Certiorari Denied March 7, 1977. See 97 S.Ct. 1335.

BONSAL, District Judge:

The Commissioner of Corrections of the State of Connecticut appeals from an order of the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge, granting petition for a writ of habeas corpus unless the State elects to vacate petitioner's conviction and re-try him within sixty (60) days. For the reasons stated below, we reverse the order of...

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