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UNITED STATES v. MULLIGAN

No. 359.

76 F.2d 511 (1935)

UNITED STATES ex rel. DONNELLY v. MULLIGAN, Marshal, et al.

Circuit Court of Appeals, Second Circuit.

April 1, 1935.

Attorney(s) appearing for the Case

Samuel Hershenstein, of New York City (T. Bernard Eisenstein, of New York City, of counsel), for relator-appellant.

Murray, Hollaman & Lockwood, of New York City (R. D. Murray, of New York City, of counsel), for appellees.

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

MANTON, Circuit Judge.

In May, 1934, the relator was extradited from France, after the expiration of a sentence he had served there for the crime of larceny, to be tried in New York county, state of New York. He was not brought to trial on that indictment, and his re-extradition to Canada was applied for and granted. On an appeal taken from an order dismissing a previous writ of habeas corpus, we reversed the decision of the District Court. U. S. ex rel. Donnelly...

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