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UNITED STATES v. MATHUES

No. 3857.

33 F.2d 261 (1929)

UNITED STATES ex rel. CUNNINGHAM v. MATHUES, U. S. Marshal.

Circuit Court of Appeals, Third Circuit.

May 17, 1929.

Attorney(s) appearing for the Case

J. Elwood Dukes, Benjamin M. Golder, Otto Kraus, Jr., and Ruby R. Vale, all of Philadelphia, Pa., for appellant.

George W. Coles, U. S. Atty., and Howard Benton Lewis, Asst. U. S. Atty., both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is an appeal from an order of the District Court, dismissing a writ of habeas corpus and remanding the relator to the custody of the United States Marshal for removal to the District of Columbia.

On May 18, 1926, a primary election was held in Pennsylvania and William S. Vare received the Republican nomination as a candidate for the United States Senate. At the general election held on November 2, 1926, he was elected United...

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