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WASHINGTON v. HARRIS

Nos. 976, 1358, Docket Nos. 80-2396, 81-2015.

650 F.2d 447 (1981)

Bobby WASHINGTON, Petitioner-Appellee-Cross-Appellant, v. David HARRIS, Superintendent of Green Haven Correctional Facility, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 8, 1981.

Attorney(s) appearing for the Case

Allen H. Saperstein, Asst. Dist. Atty., Bronx County, New York City (Mario Merola, Dist. Atty., Bronx County, Steven R. Kartagener, Asst. Dist. Atty., Bronx County, New York City, of Counsel) for respondent-appellant-cross-appellee.

Barry Bassis, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellee-cross-appellant.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and MALETZ, Judge, United States Court of International Trade.

FEINBERG, Chief Judge:

David Harris, Superintendent of Green Haven Correctional Facility, appeals from an order of the United States District Court for the Southern District of New York, John M. Cannella, J., which granted the amended petition of Bobby Washington for a writ of habeas corpus. Washington cross-appeals from an earlier order of the district court denying his initial habeas corpus petition. For reasons appearing below, we vacate the judgment of the district...

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