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CODY v. HENDERSON

No. 1180, Docket 90-2578.

936 F.2d 715 (1991)

William CODY, Petitioner-Appellee, v. Robert J. HENDERSON, Warden, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 26, 1991.

Attorney(s) appearing for the Case

Joseph M. Latino, White Plains, N.Y., Asst. Dist. Atty. of Westchester County (Carl A. Vergari, Dist. Atty. of Westchester County, Richard E. Weill, Second Deputy Dist. Atty., of counsel), for respondent-appellant.

Charles E.F. Millard, Jr., New York City (Davis Polk & Wardwell, Ivor C. Wolk, Frederick R. Kessler, Ogden N. Lewis, of counsel), for petitioner-appellee.

Before FEINBERG, TIMBERS and NEWMAN, Circuit Judges.

FEINBERG, Senior Circuit Judge:

Respondent-appellant Robert J. Henderson, Warden of the Auburn Correctional Facility, appeals from a judgment of the United States District Court for the Southern District of New York in October 1990, Vincent L. Broderick, J., granting petitioner-appellee William Cody's petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Judge Broderick granted the petition on the ground that extensive delay in the processing of...

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