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ESCALERA v. COOMBE

No. 1216, Docket 87-2123.

852 F.2d 45 (1988)

Robert ESCALERA, Plaintiff-Appellant, v. Philip COOMBE, Superintendent of Eastern Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1988.

Attorney(s) appearing for the Case

Peter J. Avenia, Gombiner & Avenia, New York City, for plaintiff-appellant.

Elizabeth Holtzman, Dist. Atty. for Kings County, Leonard Joblove, Barbara D. Underwood, Asst. Dist. Attys., Kings County, Brooklyn, N.Y., for defendant-appellee.

Before OAKES, MESKILL and PRATT, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

This matter comes before us again, following a remand by the United States Supreme Court. See Coombe v. Escalera, ___ U.S. ___, 108 S.Ct. 1004, 98 L.Ed.2d 971 (1988). The Supreme Court vacated our earlier decision which ordered the district court to grant petitioner-appellant Robert Escalera's petition for a writ of habeas corpus, unless certain conditions were met, see Escalera...

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