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UNITED STATES EX REL. MASON v. AMICO

Civ. No. 1973-314.

360 F.Supp. 1344 (1973)

UNITED STATES ex rel. Dana MASON, Petitioner, v. Michael AMICO, Sheriff of Erie County, and Paul J. Regan, Chairman of the Division of Parole of the New York State Department of Correctional Services, Respondents.

United States District Court, W. D. New York.

July 6, 1973.

Attorney(s) appearing for the Case

Herman Schwartz, Leonard J. Klaif and Philip B. Abramowitz, Buffalo, N. Y., for petitioner.

James L. Magavern, Erie County Atty. (Bruce Goldstein, Buffalo, N. Y., of counsel), for respondent Michael Amico.

Louis J. Lefkowitz, Atty. Gen. (Douglas S. Cream, Buffalo, N. Y., of counsel), for intervening respondent Paul J. Regan.

CURTIN, District Judge.

In this action for a writ of habeas corpus commenced by petition and order to show cause, petitioner alleges that he is held without bail as an alleged parole violator and that he has a constitutional right to bail pending a decision on that violation. The parties, by a stipulation dated July 2, 1973, have agreed that Paul J. Regan shall intervene as a respondent.

Before a state prisoner can apply to the federal courts for habeas corpus...

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