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UNITED STATES v. MURPHY

Civ. No. 9196.

220 F.Supp. 701 (1963)

UNITED STATES of America ex rel. Talmadge GRANT, Petitioner, v. Hon. Robert E. MURPHY, Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

July 26, 1963.

Attorney(s) appearing for the Case

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

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., for respondent, Raymond B. Madden, Joseph J. Rose, Asst. Attys. Gen., of counsel.

JAMES T. FOLEY, Chief Judge.

This petitioner, sentenced as a multiple offender in New York, was one of the first to present his claim in this District Court against out-state convictions under the ruling of United States ex rel. LaNear v. LaVallee, 2 Cir., 306 F.2d 417. In baseball parlance his petition for habeas corpus scheduled a double-header because he challenges two Florida convictions, 1943 and 1946, used by New York against...

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