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CUNNINGHAM v. HENDERSON

No. 278, Docket 83-2179.

725 F.2d 32 (1984)

Richard CUNNINGHAM, Petitioner-Appellee, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 5, 1984.

Attorney(s) appearing for the Case

Robert G. Del Grosso, Garden City, N.Y., for petitioner-appellee.

Nikki Kowalski, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., on the brief), for respondent-appellant.

Before LUMBARD, OAKES and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Respondent Robert Henderson, superintendent of a correctional facility of New York State at which petitioner Richard Cunningham is incarcerated as a result of a 1978 state conviction, appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, granting Cunningham's petition for a writ of habeas corpus on the ground that Cunningham...

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