UNITED STATES v. JORDAN

No. 9171.

161 F.2d 390 (1947)

UNITED STATES ex rel. VOLPE v. JORDAN.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 23, 1947.


Attorney(s) appearing for the Case

Guy C. Crapple, of Chicago, Ill. for appellants.

J. Albert Woll, U. S. Atty., and John Peter Lulinski, Asst. U. S. Atty., both of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and HOLLY, District Judge.


MAJOR, Circuit Judge.

Upon a further study of this case in connection with the petition for rehearing, we are of the view that our former opinion should be vacated and set aside. The appellants, Anthony Volpe (hereinafter referred to as the petitioner) and Sarah Johnson Volpe, are husband and wife. An amended petition for writ of habeas corpus was filed by the wife on behalf of the husband. The court below sustained appellee's (respondent's) plea in bar to such amended...

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