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UNITED STATES v. LaVALLEE

No. 72 Civ. 4336.

400 F.Supp. 1366 (1975)

UNITED STATES of America ex rel. John SUGGS, Petitioner, v. J. Edwin LaVALLEE, Superintendent, Clinton State Correctional Facility, Dannemora, New York, Respondent.

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

September 2, 1975.

Attorney(s) appearing for the Case

Judson A. Parsons, Jr., Robert J. Costello, New York City, for petitioner.

Samuel A. Hirshowitz, First Asst. Atty. Gen., David R. Spiegel, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of N. Y., for respondent.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This case is before this Court on remand from the Second Circuit which vacated my prior order granting a writ of habeas corpus. The full facts of the case will be found at 390 F.Supp. 383 (S.D.N.Y.1975); and in the opinion of the Court of Appeals, 523 F.2d 539 (2d Cir., filed August 7, 1975).

Basically, Suggs is in custody...

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