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UNITED STATES EX REL. LOMBARDO v. McDONNELL

Nos. 8899, 8954.

153 F.2d 919 (1946)

UNITED STATES ex rel. LOMBARDO v. McDONNELL. SAME ex rel. DURKIN v. SAME.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 13, 1946.

Attorney(s) appearing for the Case

No. 8899:

J. Albert Woll, Wm. J. Connor, and John M. Kiely, U. S. Atty., of Chicago, Ill., for appellant.

Robert M. Gibboney, of Rockford, Ill., for appellee.

No. 8954:

Henry L. Balaban, of Chicago, Ill., for appellant.

J. Albert Woll, Wm. J. Connor, U. S. Atty., and Kenneth S. Nathan, Asst. U. S. Atty., all of Chicago, Ill., for appellee.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

In No. 8899 appellant William H. McDonnell, United States Marshal, Northern District of Illinois, appeals from a judgment of the District Court discharging appellee from the custody of appellant.

On July 24, 1936, in the Circuit Court of Macoupin County, Illinois, in case No. 718, entitled The People of the State of Illinois v. Joe Lombardo, alias Robert Livingston, appellee was convicted of robbery while armed with a machine gun and...

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