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UNITED STATES v. SCHNEIDER

No. 5159.

66 F.2d 563 (1933)

UNITED STATES ex rel. WEINBERGER v. SCHNEIDER, U. S. Marshal.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 2, 1933.

Attorney(s) appearing for the Case

Minturn & Weinberger, of Newark, N. J. (Merritt Lane, of Newark, N. J., of counsel), for appellant.

Harlan Besson, U. S. Atty., of Trenton, N. J., and George Z. Medalie, U. S. Atty., of New York City (Edmund Palmieri, of New York City, and Oliver Randolph, of Newark, N. J., of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

Harry H. Weinberger, a citizen of New Jersey, had been indicted by the Grand Jury for the Southern District of New York for devising a scheme to defraud and using the mail, or causing it to be used, for the purpose of executing the same. Title 18 USCA § 338, Criminal Code § 215. After a hearing before a Commissioner, he was committed for removal. Weinberger then filed a petition for a writ of habeas corpus in the District Court of...

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