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UNITED STATES EX REL. CUBICUTTI v. VINCENT

No. 73 Civ. 5209.

383 F.Supp. 662 (1974)

UNITED STATES of America ex rel. Jerry CUBICUTTI, Petitioner, v. Leon J. VINCENT, Warden, Green Haven Correctional Facility, Respondent.

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

October 2, 1974.

Attorney(s) appearing for the Case

Richard C. Stein, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of N. Y., for respondent; David R. Spiegel, Asst. Atty. Gen., of counsel.

GURFEIN, Circuit Judge, sitting by designation.

NATURE OF PROCEEDINGS:

Petitioner, a state prisoner presently incarcerated in Green Haven Correctional Facility, has made application pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure for an order vacating and setting aside the Court's previous decision of March 29, 1974, dismissing his petition for a writ of habeas corpus for his failure to comply...

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