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BINION v. UNITED STATES

No. 13655.

201 F.2d 498 (1953)

BINION v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Writ of Certiorari Denied April 13, 1953.

Attorney(s) appearing for the Case

Foley & Foley, Las Vegas, Nev., for appellant.

Chauncey Tramutolo, U. S. Atty., Joseph Karesh and Robert F. Peckham, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before HEALY, BONE, and ORR, Circuit Judges.

Writ of Certiorari Denied April 13, 1953. See 73 S.Ct. 796.

PER CURIAM.

This is a motion to dismiss an appeal from an order or warrant of removal issued pursuant to Rule 40(b) (3) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., providing for removal in cases where the prosecution is by indictment. We have recently held in Meltzer v. United States, 9 Cir., 188 F.2d 916, that an order of removal in such cases is not...

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