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CAMPBELL v. MEDALIE

No. 366.

71 F.2d 671 (1934)

CAMPBELL v. MEDALIE.

Circuit Court of Appeals, Second Circuit.

June 18, 1934.

Attorney(s) appearing for the Case

Frederick B. Campbell, of New York City (Paul C. Whipp and Lounsbury D. Bates, both of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (Francis H. Horan and Edward J. Ennis, Asst. U. S. Attys., all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

It is attempted by this suit to enjoin the appellee from continuing to prosecute the appellant under the first count of an indictment, returned on October 5, 1933, for violation of the Act of March 9, 1933, c. 1 (48 Stat. 1), and violation of executive order of the President of August 28, 1933 (No. 6260 [12 USCA § 95 note]). While the appellant was prosecuting a suit to enjoin the Chase National Bank from turning over gold bullion

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