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CLARK v. MEMOLO

No. 10078.

174 F.2d 978 (1949)

CLARK, U. S. Atty.Gen., v. MEMOLO.

United States Court of Appeals District of Columbia Circuit.

Decided May 9, 1949.

Attorney(s) appearing for the Case

Miss Rosalie M. Moynahan, Attorney, Department of Justice, Washington, D. C., with whom Messrs. Alexander M. Campbell, Assistant Attorney General, and George Morris Fay, United States Attorney, Washington, D. C., for the District of Columbia, were on the brief, for appellant. Messrs. John D. Lane and L. Clark Ewing, Assistant United States Attorneys, Washington, D. C., also entered appearances for appellant.

Mr. William H. Collins, Washington, D. C., for appellee.

Before WILBUR K. MILLER and PRETTYMAN, Circuit Judges, and WATKINS, District Judge, sitting by designation.

WATKINS, District Judge.

Appellee brought this action in the United States District Court for the District of Columbia to secure a declaratory judgment under the Declaratory Judgment Act1 that a sentence imposed upon him by the United States District Court for the Middle District of Pennsylvania was illegal and void. From an order granting such relief the Attorney General prosecutes this appeal.

Two questions are here raised: ...

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