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UNITED STATES EX REL. GONZALEZ v. ZELKER

No. 413, Docket 72-1945.

477 F.2d 797 (1973)

UNITED STATES of America ex rel. Manuel GONZALEZ, Relator-Appellee, v. John ZELKER, Warden, Green Haven Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 17, 1973.

Attorney(s) appearing for the Case

Joseph A. DeMaro, Asst. Dist. Atty., Nassau County, Mineola, N. Y. (William Cahn, Dist. Atty., Nassau County, and Robert J. Kaschak, Asst. Dist. Atty., Nassau County, Mineola, N. Y., of counsel) for respondent-appellant.

Francis J. Valentino, Legal Aid Society of Nassau County, Mineola, N. Y. (James J. McDonough, Attorney in Charge, Legal Aid Society of Nassau County, and Matthew Muraskin and Susan Crandall, Legal Aid Society of Nassau County, Mineola, N. Y., of counsel) for relator-appellee.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from an order of Hon. Irving Ben Cooper, United States District Court Judge for the Southern District of New York, entered on July 7, 1972, granting the relator's petition for a writ of habeas corpus, after a hearing, pursuant to 28 U.S.C. § 2241. Reversed.

On March 18, 1966 the State Laundry in Hempstead, Nassau County, New York, was robbed by two armed men. The relator Manuel Gonzalez and one James F. Castellano...

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