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UNITED STATES v. MATHUES

No. 3857.

50 F.2d 411 (1930)

UNITED STATES ex rel. CUNNINGHAM v. MATHUES, United States Marshal.

Circuit Court of Appeals, Third Circuit.

June 13, 1930.

Attorney(s) appearing for the Case

Ruby R. Vale, of Philadelphia, Pa., for appellant.

Howard Benton Lewis, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

After the opinion of this court was filed, 33 F.2d 261, the case of Barry v. United States ex rel. Cunningham, 279 U.S. 597, 49 S.Ct. 452, 454, 73 L. Ed. 867, was decided. Thereupon the government, conceiving that our decision was at variance with the holdings of the Supreme Court in that case, moved a rehearing be had. The motion was granted, and such rehearing was given...

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