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UNITED STATES v. MATHUES

Nos. 3324-3327.

12 F.2d 1020 (1926)

UNITED STATES ex rel. Louis J. McGRATH, Appellant, v. W. Frank MATHUES, United States Marshal, Appellee. UNITED STATES ex rel. Edwin C. DONAGHY, Appellant, v. W. Frank MATHUES, United States Marshal, Appellee. UNITED STATES ex rel. A. E. SHAW, Appellant, v. W. Frank MATHUES, United States Marshal, Appellee. UNITED STATES ex rel. H. Lloyd HESS, Appellant, v. W. Frank MATHUES, United States Marshal, Appellee.

Circuit Court of Appeals, Third Circuit.

June 10, 1926.

Attorney(s) appearing for the Case

John M. Groff, of Lancaster, Pa., for relator Hess.

John J. Sullivan, of Philadelphia, Pa., for relator McGrath.

Duane, Morris & Heckscher, of Philadelphia, Pa., for relators Shaw and Edwin C. Donaghy.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and GIBSON, District Judge.

PER CURIAM.

On due consideration had, this court reached the opinion that the appellants should be remanded to the Northern district of Ohio for trial. In view of the fact that the same question was before the Supreme Court, we deferred filing our opinion. The recent decision of that case, in United States v. Gault, 46 S.Ct. 459, 70 L. Ed. ___, confirms our view and relieves us of the necessity of supporting our conclusion by an opinion in these cases.

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