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WALLACE v. UNITED STATES

No. 13801.

174 F.2d 112 (1949)

WALLACE v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Writ of Certiorari Denied June 20, 1949.

Attorney(s) appearing for the Case

Holton Davenport (appointed by the Court), of Sioux Falls, S. D., for appellant.

Leo P. Flynn, U. S. Atty., of Sioux Falls, S. D., Matthew A. Brown, Asst. U. S. Atty., of Chamberlain, S. D., and A. Bangs, Asst. U. S. Atty., of Rapid City, S. D., for appellee.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

Writ of Certiorari Denied June 20, 1949. See 69 S.Ct. 1505.

SANBORN, Circuit Judge.

The appellant, who is an indigent inmate of the United States Penitentiary at Leavenworth, Kansas, challenges the validity of an order of the District Court dismissing his motion for the vacation of the sentence imposed upon him by that court on April 22, 1943. The questions for decision are (1) whether this appeal was taken in time, and (2) whether the District Court erred...

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