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GIBSON v. BEALL

No. 13796.

249 F.2d 489 (1957)

Frank A. GIBSON, Appellant, v. Carlton G. BEALL, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1957.

Attorney(s) appearing for the Case

Mr. Joseph A. Rafferty, Jr., Washington, D. C., for appellant.

Mr. John W. Kern, III, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Fred L. McIntyre, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, FAHY and BURGER, Circuit Judges.

PER CURIAM.

This is an appeal from the District Court's dismissal of appellant's habeas corpus petition challenging the validity of an order extraditing him to Virginia. The point urged is that the District Court erred in considering Government evidence which was not before the Chief Judge of the District Court, acting as the chief executive, in the extradition proceeding. We think the point is not well taken.

The extradition order is based on summary executive...

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