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PANELLA v. UNITED STATES

No. 28, Docket 23093.

216 F.2d 622 (1954)

Arnold PANELLA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 9, 1954.

Attorney(s) appearing for the Case

George Ammerman, New York City (Sidney Schulman, New York City, of counsel), for plaintiff-appellant.

J. Edward Lumbard, U. S. Atty., New York City (Robert K. Ruskin, Asst. U. S. Atty., New Rochelle, of counsel), for defendant-appellee.

Before CHASE, MEDINA, and HARLAN, Circuit Judges.

HARLAN, Circuit Judge.

Arnold Panella was convicted under a Kentucky statute1 in a Kentucky State Court as a habitual drug addict. He was sentenced to 12 months in jail, but placed on probation upon his election to undergo treatment for his addiction at the Public Health Service Hospital in Lexington, Ky., maintained and controlled by the United States through the Army Surgeon General. While an inmate at that institution he was allegedly...

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