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ENRIGHT v. UNITED STATES

No. 77 Civ. 449.

437 F.Supp. 580 (1977)

Robert J. ENRIGHT, Petitioner, v. UNITED STATES of America, Respondent.

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

September 14, 1977.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, New York City, for petitioner; Susan N. Herman, Pierce Gerety, Jr., New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., for respondent; Denise Cote, Frederick T. Davis, Asst. U. S. Attys., New York City, of counsel.

METZNER, District Judge:

This is a motion by the government for reargument of the court's opinion and order of July 13, 1977, on the grounds that the court did not consider whether the decision in United States v. Mauro, 544 F.2d 588 (2d Cir. 1976), petition for cert. filed, 45 U.S. L.W. 3765 (U.S. May 13, 1977) (No. 76-1596), should be given retroactive effect. This motion for reargument is granted.

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