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UNITED STATES v. MURPHY

Civ. No. 7641.

174 F.Supp. 769 (1959)

UNITED STATES of America ex rel. Burdette HADLEY, alias James Hadley, Petitioner, v. Robert E. MURPHY, as Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

July 15, 1959.

Attorney(s) appearing for the Case

Burdette Hadley, pro se.

J. Michael Hippick, Albany, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., Raymond B. Madden, Asst. Atty. Gen., Frank S. Hogan, Dist. Atty., New York City, for respondent.

JAMES T. FOLEY, District Judge.

By memorandum-decision dated June 12, 1959, I entertained the petition in this matter as one for a writ of habeas corpus and issued an order to the Attorney General of New York and the District Attorney of the County of New York to show cause pursuant to 28 U.S. C.A. § 2243 why the writ should not be granted. The Attorney General has filed the usual detailed affidavit in good form opposing the grant of the writ, and the District...

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