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STACK v. BOYLE

No. 13099.

192 F.2d 56 (1951)

STACK et al. v. BOYLE, United States Marshal.

United States Court of Appeals Ninth Circuit.

October 3, 1951.

Attorney(s) appearing for the Case

Ben Margolis, Los Angeles, Cal., Leo A. Sullivan, Oakland, Cal., Daniel G. Marshal, Los Angeles, Cal., Richard Gladstein, Charles R. Garry, Julius M. Keller and Benjamin Dreyfus, San Francisco, Cal., for appellants.

Ernest A. Tolin, U. S. Atty., Los Angeles, Cal., for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.

MATHEWS, Circuit Judge.

Appellants1 were indicted for violating § 3 of the Smith Act,2 were allowed bail by District Judge Mathes in the sum of $50,000 each and, in default of furnishing such bail, were detained in the custody of appellee, United States Marshal James J. Boyle. Alleging that the bail required of them was excessive, appellants petitioned the District Court for writs of habeas corpus. Orders...

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