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PEOPLE EX REL. SWANSON v. FITZSIMMONS

2 A.D.2d 235 (1956)

The People of the State of New York ex rel. Murray L. Swanson, Appellant, v. J. Lowell Fitzsimmons, as Sheriff of Jefferson County, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1956.

Attorney(s) appearing for the Case

Robert B. Shaad for appellant.

Angus G. Saunders, District Attorney, for respondent.

All concur, except VAUGHAN and WILLIAMS, JJ., who dissent and vote for affirmance, in an opinion by WILLIAMS, J., in which VAUGHAN, J., concurs. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

BASTOW, J.

The relator appeals from an order dismissing a writ of habeas corpus and directing that he be delivered to the authorized officer of the State of Minnesota. In September, 1953 the Governor of that State issued to the Governor of this State a request that relator be apprehended and delivered to the receiving officer. It appears from this request and the underlying papers that no claim was made that relator...

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