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CRUZ v. ALEXANDER

Nos. 79, 613, Dockets 82-2329, 82-3075.

708 F.2d 31 (1983)

Eduardo CRUZ, v. Robert ALEXANDER, et al.

United States Court of Appeals, Second Circuit.

Decided May 2, 1983.

Attorney(s) appearing for the Case

Rhonda Copelon, Jose Antonio Lugo, New York City, submitted briefs for habeas corpus petitioner.

Robert Abrams, Atty. Gen., Gerald J. Ryan and Tyrone Mark Powell, Asst. Attys. Gen., New York City, submitted briefs for habeas corpus respondents.

Before FEINBERG, Chief Judge, and MANSFIELD and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

Our January 22, 1982, decision in Cruz v. Alexander, 669 F.2d 872 (2d Cir.), cert. denied, ___ U.S. ___, 103 S.Ct. 99, 74 L.Ed.2d 89 (1982), has provoked uncertainty in the minds of the parties as to the nature of proceedings contemplated after we reversed a habeas corpus judgment of the District Court for the Southern District of New York, 509 F.Supp. 640...

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