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MAXWELL v. UNITED STATES

No. 429, Docket 35464.

439 F.2d 135 (1971)

Noel MAXWELL, John Henry Purry, Clarence White, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1971.

Attorney(s) appearing for the Case

Henry Huntington Rossbacher, New York City (Harry C. Batchelder, Jr., New York City, on the brief), for petitioners-appellants.

David V. Keegan, Asst. U. S. Atty., (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and Jack Kaplan, Asst. U. S. Atty., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

Petitioners Maxwell, Purry, and White appeal from an order, 319 F.Supp. 269, rendered on September 29, 1970, by the Honorable Charles H. Tenney, in the Southern District of New York, denying petitioners' motion pursuant to 28 U.S.C. § 2255 to vacate the judgments of conviction and sentences entered in the Southern District on November 1, 1966. Judge Tenney denied the motion on the ground that petitioners' failure...

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