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UNVERZAGT v. BENN

No. 4398.

5 F.2d 492 (1925)

UNVERZAGT v. BENN, U. S. Marshal.

Circuit Court of Appeals, Ninth Circuit.

May 5, 1925.

Attorney(s) appearing for the Case

Marshall B. Woodworth, of San Francisco, Cal., and John T. Casey, John F. Dore, and F. C. Reagan, all of Seattle, Wash., for appellant.

Thos. P. Revelle, U. S. Atty., and John A. Frater, Asst. U. S. Atty., both of Seattle, Wash., for appellee.

Before GILBERT, ROSS, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus. The petition for the writ averred that the petitioner was imprisoned and restrained of his liberty by color of authority of the United States; that the sole claim and authority for his detention was a commitment issued by a United States commissioner; that the commitment was so issued in a certain proceeding instituted on behalf of the United States District Court for the Western...

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