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CAPONE v. ADERHOLD

No. 7266.

71 F.2d 160 (1934)

CAPONE v. ADERHOLD, Warden.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1934.

Attorney(s) appearing for the Case

William E. Leahy and Wm. J. Hughes, Jr., both of Washington, D. C., Frank A. Doughman, of Atlanta, Ga., and Edwin H. Grace, of New Orleans, La., for appellant.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen., and H. T. Nichols, Asst. U. S. Atty., of Atlanta, Ga., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order dismissing a second petition for the writ of habeas corpus. The first petition was dismissed and the writ discharged by the District Court. Capone v. Aderhold, 2 F.Supp. 280. On appeal the judgment in that case was affirmed by this court. Id., 65 F.2d 130.

The essential averments are the same now as they were before; no new ground for...

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