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ANNUNZIATO v. MANSON

No. 209, Docket 77-2017.

566 F.2d 410 (1977)

Salvatore ANNUNZIATO, Appellee, v. John R. MANSON, Commissioner of Corrections, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Ernest J. Diette, Jr., Asst. State's Atty., New Haven, Conn. (Arnold Markle, State's Atty., New Haven, Conn., of counsel), for appellant.

Howard A. Jacobs, New Haven, Conn. (Jean L. Welty, New Haven, Conn., of counsel), for appellee.

Before GURFEIN and VAN GRAAFEILAND, Circuit Judges, and COFFRIN, District Judge.

GURFEIN, Circuit Judge:

Connecticut appeals from the granting by the District Court for Connecticut, Blumenfeld, J., of a writ of habeas corpus to a state prisoner, Salvatore Annunziato, unless the State retries him within sixty days. Judge Blumenfeld originally wrote an opinion granting the writ without an evidentiary hearing since neither party had requested one. United States ex rel. Annunziato v. Manson,

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