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UNITED STATES EX REL. SMITH v. WARDEN OF PHILADELPHIA CTY. PRISON

No. 10141.

181 F.2d 847 (1950)

UNITED STATES ex rel. SMITH v. WARDEN OF PHILADELPHIA COUNTY PRISON et al.

United States Court of Appeals Third Circuit.

Decided April 26, 1950.

Attorney(s) appearing for the Case

Thomas D. McBride, Philadelphia, Pa., for appellant.

T. McKeen Chidsey, Attorney General of Pennsylvania (Colbert C. McClain, Assistant District Attorney, James W. Tracey, Jr., First Asst. District Attorney, Philadelphia, Pa., Randolph C. Ryder, Deputy Attorney General, on the brief), for appellees.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.

PER CURIAM.

The relator appeals from the judgment of the District Court for the Eastern District of Pennsylvania discharging a writ of habeas corpus upon the ground that the court had no jurisdiction to issue it. It appears that on the evening of September 23, 1949 counsel for the relator made a telephonic request for the issuance of the writ to one of the judges of the district court at his home. The judge held a hearing at noon on the next day and at 12:45 P.M....

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