Opinion · Court of Appeals for the Second Circuit
United States ex rel. Bowers v. Fay
266 F.2d 824
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1959-04-28
- Topic
- general
PER CURIAM. The motion to dismiss as moot is de.nied, 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 judgment is affirmed.* We wish to thank Messrs.
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- Cited by
- 3 opinions
UNITED STATES v. FAY,266 F.2d 824(2nd Cir. 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.
No. 235, Docket 25354.
United States Court of Appeals, Second Circuit.
Argued April 6, 1959.
Decided April 28, 1959.
George K. Bernstein, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen., Paxton Blair, Sol. Gen., Albany, N Y, Harold Borgwald and Allan N. Smiley, Asst. Attys. Gen., State of New York, on the brief), for respondents-appellants.
Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.
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 judgment is affirmed.fn*Page 825
- We wish to thank Messrs. Tekulsky and Boyden for their able representation of Bowers both here and below. ↩