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PRESIDENT OF THE UNITED STATES OF AMERICA v. KELLY

No. 304.

96 F.2d 787 (1938)

PRESIDENT OF THE UNITED STATES OF AMERICA, ex rel. CAPUTO, v. KELLY, United States Marshal, et al.

Circuit Court of Appeals, Second Circuit.

May 9, 1938.

Attorney(s) appearing for the Case

Lewis Landes, of New York City (Julius I. Puente, of New York City, of counsel), for relator-appellant.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Ralph M. Carson and A. S. Edmonds, both of New York City, of counsel), for appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The relator, Gennaro Caputo, was arrested on a warrant issued by a United States commissioner and held for extradition to France on the complaint of the assistant consul general of the French Republic in New York. Caputo sued out a writ of habeas corpus on grounds not now important which was dismissed by the District Court. See President of the United States v. Kelly, 19 F.Supp. 730. Its order...

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