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UNITED STATES v. FETTERS

No. 4446.

46 F.2d 997 (1931)

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

Circuit Court of Appeals, Third Circuit.

January 23, 1931.

Attorney(s) appearing for the Case

Harry Shapiro, of Philadelphia, Pa., for appellant.

Paul Freeman, of Philadelphia, Pa., for appellee.

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

BUFFINGTON, Circuit Judge.

In the court below Frank Millmond, who was in custody of its Marshal, sued out a writ of habeas corpus alleging he was unlawfully held. On hearing it appeared that Millmond had been committed to such custody by a United States Commissioner, who certified that on a hearing before him, with a view to removing Millmond to the Southern district of New York for trial on a charge of using the mails in a scheme to defraud, the government had produced...

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