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UNITED STATES v. BATES

No. 7717.

95 F.2d 881 (1938)

UNITED STATES ex rel. SCHMIDT et al. v. BATES, United States Marshal.

Circuit Court of Appeals, Sixth Circuit.

March 17, 1938.

Attorney(s) appearing for the Case

H. S. Buchanan and William G. Cavett, both of Memphis, Tenn., for appellants.

C. P. J. Mooney, of Memphis, Tenn. (William McClanahan and John M. Sullivan, both of Memphis, Tenn., on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This case arises on appeal from the dismissal by the District Court of two petitions for writs of habeas corpus. The appellants Tucker and Schmidt were indicted, together with eight others, in the Eastern District of Arkansas, and apprehended in the Western District of Tennessee. Removal proceedings were instituted under title 18, section 591, U.S.C., 18 U.S.C.A. § 591 in the Western District of Tennessee. The United States Commissioner...

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