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SMITH v. KRIMSKY

209 F.Supp. 273 (1962)

Franklin F. SMITH, Petitioner, v. Alex KRIMSKY, Warden, Respondent.

United States District Court S. D. New York.

October 1, 1962.

Attorney(s) appearing for the Case

Vincent L. Broderick, U. S. Atty., by Charles A. Stillman, Asst. U. S. Atty., New York City, for respondent.

Harold Samuel Herman, New York City, for petitioner.

DAWSON, District Judge.

This is an application for a writ of habeas corpus and for an order discharging the prisoner from further confinement.

As there seems to be no dispute as to the essential facts a hearing seems unnecessary.

The salient facts which seem to exist without dispute are as follows:

1. On November 12, 1954, petitioner was sentenced to imprisonment for seven years. Having earned good time allowance of 811 days, he was conditionally...

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