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HUDSPETH v. McDONALD

No. 2239.

120 F.2d 962 (1941)

HUDSPETH, Warden, v. McDONALD.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 17, 1941.

Attorney(s) appearing for the Case

Homer Davis, of Topeka, Kan. (Summerfield S. Alexander, of Topeka, Kan., on the brief), for appellant.

John Rhodes, of Kansas City, Mo. (Bowersock, Fizzell & Rhodes, of Kansas City, Mo., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal by the government from a decision of the District Court of the United States for the District of Kansas releasing Cassius McDonald, the appellee, from the Federal Penitentiary on a writ of habeas corpus.

Appellee was indicted with others in the District Court of the United States for the District of Minnesota, Third Division, in an indictment charging a conspiracy to violate 18 U.S.C.A. §§ 408a, 408c. The...

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