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UNITED STATES EX REL. SCHUSTER v. VINCENT

No. 79, Docket 75-2058.

524 F.2d 153 (1975)

UNITED STATES of America ex rel. Roy SCHUSTER, Petitioner-Appellant, v. Leon J. VINCENT, Warden, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 23, 1975.

Attorney(s) appearing for the Case

Michael A. Young, New York City (William J. Gallagher, The Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Ralph McMurry, Asst. Atty. Gen. of N.Y. (Louis J. Lefkowitz, Atty. Gen. of N.Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., David R. Spiegel, Asst. Atty. Gen., on the brief), for respondent-appellee.

Before KAUFMAN, Chief Judge, and MULLIGAN and GURFEIN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Although we are reasonably certain that the shocking story revealed in The Gulag Archipelago1 could not take place in this country, the facts of Roy Schuster's case are reminiscent of Solzhenitsyn's treatise. In our opinion in United States ex rel. Schuster v. Herold, 410 F.2d 1071 (2d Cir.), cert. denied, 396 U.S. 847, 90 S.Ct. 81, 24 L.Ed.2d 96 (1969), we...

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