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UNITED STATES v. SMITH

No. 9155.

156 F.2d 642 (1946)

UNITED STATES v. SMITH, District Judge.

Circuit Court of Appeals, Third Circuit.

Reargued June 28, 1946.

Decided July 16, 1946.

Writ of Certiorari Granted October 28, 1946.

Attorney(s) appearing for the Case

Spurgeon Avakian, of Washington, D. C. (Sewall Key, Acting Asst. Atty. Gen., Harry K. Mansfield, Sp. Asst. to Atty. Gen., and Frederick V. Follmer, U. S. Atty., of Scranton, Pa., on the brief), for petitioner.

Robert T. McCracken, of Philadelphia, Pa. (Stanley F. Coar, of Scranton, Pa., and C. Russell Phillips, of Philadelphia, Pa., on the brief), for John Memolo.

Before BIGGS, MARIS, GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

Writ of Certiorari Granted October 28, 1946. See 67 S.Ct. 125.

MARIS, Circuit Judge.

The petitioner, the United States of America, prays that a writ of mandamus issue directed to the United States District Court for the Middle District of Pennsylvania, the judges of that court and the Honorable William F. Smith, a district judge specially assigned to that court, commanding them to revoke and set aside an order made by Judge Smith on April 8, 1946, wherein...

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