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United States v. Fay

decided: April 28, 1959.

UNITED STATES OF AMERICA EX REL. ANFIELD BOWERS, PETITIONER-APPELLEE,
v.
EDWARD M. FAY, WARDEN, GREEN HAVEN PRISON AND PEOPLE OF THE STATE OF NEW YORK, RESPONDENTS-APPELLANTS.



Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

Per Curiam.

The motion to dismiss as moot is denied, Judge Hincks dissenting.

On the merits, the Attorney General of the State of New York in behalf of the appellants questions controverted issues of fact found against the appellants by Judge Weinfeld. We think the findings sufficiently supported by the evidence: certainly they were not clearly erroneous.

On the opinion below, D.C.S.D.N.Y. 1958, 171 F.Supp. 558, the ...


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