GATES v. HENDERSON

No. 361, Docket 76-2065.

568 F.2d 830 (1977)

Arthur Richard GATES, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 12, 1977.

On Rehearing Judgment and Decision Vacated August 19, 1977.

Certiorari Denied January 16, 1978.


Attorney(s) appearing for the Case

Jesse Berman, New York City, for petitioner-appellant.

Ralph McMurry, Asst. Atty. Gen., State of N.Y., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Margery E. Reifter, Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before KAUFMAN, Chief Judge, and SMITH, FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.


On Rehearing En Banc Panel Judgment and Decision Vacated August 19, 1977.

Certiorari Denied January 16, 1978. See 98 S.Ct. 1977.

On Rehearing En Banc.

MULLIGAN, Circuit Judge:

The petitioner-appellant Gates appealed from an unreported decision in the United States District Court for the Southern District of New York, Hon. Robert L. Carter, Judge, dated May 27, 1976, which denied without a hearing his habeas corpus application. The...

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