ARGENTO v. NORTH

Civ. A. No. 31713.

131 F.Supp. 538 (1955)

Tommaso ARGENTO, Relator, v. Xavier NORTH, U. S. Marshal, Respondent.

United States District Court N. D. Ohio, E. D.

May 26, 1955.


Attorney(s) appearing for the Case

A. R. Fiorette and Creighton E. Miller, Cleveland, Ohio, for relator, Tommaso Argento.

Sumner Canary, U. S. Dist. Atty., Cleveland, Ohio, for respondent Xavier North.

Bulkley, Bulter & Rini, Cleveland, Ohio, submitted briefs on behalf of the Italian Consul.


CONNELL, District Judge.

Relator, an Italian national, has herein applied for a writ of habeas corpus, on the ground that his requested extradition to Italy is illegal, in that no valid treaty now exists between the United States of America and Italy, which would authorize such extradition.

He further claims that the treaty entered into in 1868 between such countries on such subject was abrogated by war as of December 11, 1941.

The Republic of Italy...

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