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UNITED STATES v. FETTERS

50 F.2d 449 (1930)

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

District Court, E. D. Pennsylvania.

December 23, 1930.

Attorney(s) appearing for the Case

Benjamin M. Golder, of Philadelphia, Pa., for relator.

Edward W. Wells, U. S. Atty., and Howard Benton Lewis, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

There is danger that the final disposition of this cause may be delayed and its merits lost in a maze of procedural questions. A recapitulation may make clear the present record situation. The main question to be determined in this cause had been fully discussed in the closely akin case of U. S. v. Barry (D. C.) 25 F.2d 733.

The view taken of the first case had made the disposition of the second...

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