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RUTKOWSKI v. ST. SURE

No. 10638.

143 F.2d 715 (1944)

RUTKOWSKI v. ST. SURE, District Judge.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1944.

Attorney(s) appearing for the Case

Frank Rutkowski, in pro. per.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for respondent.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Frank Rutkowski, petitioner herein, has applied to this court for the issuance by it of the writ of mandamus directed to Honorable A. F. St. Sure, United States District Judge for the Northern District of California, commanding him to entertain and decide Rutkowski's petition for the issuance of the writ of habeas corpus.

Judge St. Sure is the senior judge of a court consisting of four judges and as such is the executive head of the...

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