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UNITED STATES EX REL. DRAYTON v. HAYES

Nos. 78 C 711, 78 C 776.

451 F.Supp. 339 (1978)

UNITED STATES of America ex rel. Rudolph DRAYTON, Petitioner, v. Hon. John F. HAYES, a Justice of the Supreme Court of the State of New York, County of Kings, the Supreme Court of the State of New York, County of Kings, and Hon. Eugene Gold, District Attorney, County of Kings, Respondents. UNITED STATES of America ex rel. Thomas McQUEEN, Petitioner, v. Hon. John F. HAYES, a Justice of the Supreme Court of the State of New York, County of Kings, the Supreme Court of the State of New York, County of Kings and Hon. Eugene Gold, District Attorney, County of Kings, Respondents.

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

May 31, 1978.

Attorney(s) appearing for the Case

Martin Erdmann, The Legal Aid Society, by Paula Sweeney, New York City, for Drayton.

Morris Rubin, Brooklyn, N. Y., for McQueen.

Louis J. Lefkowitz, Atty. Gen. of the State of N. Y. by Barry R. Fertel, Deputy Asst. Atty. Gen., New York City, of counsel, Eugene Gold, Dist. Atty., Kings County, Joel M. Goldberg, Asst. Dist. Atty., Brooklyn, N. Y., for respondents.

MEMORANDUM AND ORDER

PLATT, District Judge.

By separate orders to show cause with petitions, affidavits and other papers annexed thereto, petitioners have applied for writs of habeas corpus directing respondents to discharge them from custody forthwith and to dismiss Kings County Indictment No. 821-77 against them on the grounds that any further proceedings against them upon such indictment would subject them...

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