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UNITED STATES v. WARDEN OF RICHMOND COUNTY JAIL

Mem. No. 1759.

112 F.Supp. 902 (1953)

UNITED STATES ex rel. CARCHIETTA et al. v. WARDEN OF RICHMOND COUNTY JAIL, STATEN ISLAND, N. Y. et al.

United States District Court E. D. New York.

May 12, 1953.

Attorney(s) appearing for the Case

Cosgrove & Heffernan, St. George, N. Y., Francis P. Heffernan, St. George, N. Y., of counsel, for relators.

Nathaniel L. Goldstein, Atty. Gen. of New York, William B. Herlands, Special Asst. Atty. Gen., of N. Y., of counsel; Jacob Imberman, Sp. Asst. Atty. Gen., of N. Y., on the brief, for respondents.

GALSTON, District Judge.

The relators on the petition of their attorney, Francis B. Heffernan, seek a writ of habeas corpus to discharge the relators from the custody of the warden of the Richmond County jail, respondent.

Primarily, the inquiry must be directed to the question of the jurisdiction of this Court. Have the relators exhausted the remedies available to them under the State law. If they have not, then the petition for the issuance of a writ must...

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