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LYON v. HARKNESS

No. 4078.

151 F.2d 731 (1945)

LYON v. HARKNESS.

Circuit Court of Appeals, First Circuit.

November 9, 1945.

Attorney(s) appearing for the Case

Angus M. MacNeil and MacNeil & Maloney, all of Boston, Mass., and Samuel A. Margolis, of Manchester, N. H., for appellant.

Ernest R. D'Amours, Asst. Atty. Gen., for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court of the United States for the District of New Hampshire discharging a writ of habeas corpus and remanding the petitioner to custody imposed upon him by virtue of a warrant issued by the Governor of New Hampshire in extradition proceedings.1 The court below discharged the writ on the basis of findings (1) that the petitioner had made no application for any judicial remedy...

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