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UNITED STATES v. MURPHY

Civ. A. No. 5450.

127 F.Supp. 689 (1955)

UNITED STATES of America, ex rel. Santo CAMINITO, Relator, v. Robert E. MURPHY, as Warden of Auburn Prison, State of New York, Respondent.

United States District Court N. D. New York.

January 11, 1955.

Attorney(s) appearing for the Case

Kaufman & Edelbaum, New York City, for petitioner, Maurice Edelbaum, New York City, of counsel.

Edward S. Silver, Dist. Atty., Kings County, Brooklyn, New York, William I. Siegel, of counsel, Asst. Dist. Atty., Kings County, Brooklyn, N. Y., Nathaniel L. Goldstein, Atty. Gen., of the State of New York, Manuel T. Murcia, Asst. Atty. Gen., of counsel, for the respondent.

FOLEY, District Judge.

The Relator, Santo Caminito, filed a petition for a writ of habeas corpus. At my suggestion, his able attorney adopted the procedure set forth in Section 2243, Title 28, U.S.C.A. to have an order served upon the Warden of Auburn Prison, the Attorney General of the State of New York, and the District Attorney of Kings County, to show cause why a writ should not be issued directing the production of the prisoner to inquire into his alleged unlawful...

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