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CADY v. U.S.

No. 96-CV-1244.

970 F.Supp. 97 (1997)

Stephen P. CADY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

July 9, 1997.

Attorney(s) appearing for the Case

Pinnisi, Wagner, Sherwyn & Geldenhuys, P.C. (Michael Pinnisi, of counsel), Ithaca, NY, for plaintiff.

Thomas J. Maroney, United States District Attorney for the Northern District of New York (Thomas Spina, Jr., Asst. U.S. Atty.), Albany, NY, for the U.S.

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

I. PROCEDURAL HISTORY

Pending before the Court is plaintiff's motion for declaratory judgment filed pursuant to 28 U.S.C. § 2201 ("Declaratory Judgment Act"). Plaintiff, Stephen Cady, a defendant in a prior related criminal action,1 asks this Court to determine what effect his prospective filing of a § 2255 motion would have on a plea agreement executed...

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