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UNITED STATES v. O'DONOVAN

No. 9788.

178 F.2d 876 (1949)

UNITED STATES ex rel. DE LUCIA v. O'DONOVAN, Marshal.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 31, 1950.

Attorney(s) appearing for the Case

Otto Kerner, Jr., United States Attorney, Chicago, Ill., John Peter Lulinski, Ass't U. S. Atty., Chicago, Ill., for appellant.

William Scott Stewart, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, FINNEGAN and LINDLEY, Circuit Judges.

LINDLEY, Circuit Judge.

Respondent arrested the relator pursuant to a parole warrant issued by a member of the United States Board of Parole. On the day he was taken into custody, June 15, 1948, relator filed a petition for a writ of habeas corpus, to which, on the same day, respondent filed a formal return. Relator then filed a lengthy traverse, to which respondent demurred. The District Court overruled the demurrer and ordered respondent to answer within ten days...

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