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UNITED STATES v. LENNOX

No. 12499.

258 F.2d 320 (1958)

UNITED STATES ex rel. George E. THOMPSON, Appellant, v. William LENNOX, Sheriff of the City of Philadelphia.

United States Court of Appeals Third Circuit.

Decided July 18, 1958.

Rehearing Denied September 17, 1958.

Attorney(s) appearing for the Case

Landon G. Downey, Washington, D. C. (John J. O'Dowd, Washington, D. C., on the brief), for appellant.

David Berger, Philadelphia, Pa. (Thomas A. Masterson, Deputy City Sol., Philadelphia, Pa., on the brief), for appellee.

Walter H. Jones, Hackensack, N. J., David D. Furman, Acting Atty. Gen., of the State of New Jersey, William L. Boyan, Deputy Atty. Gen., of the State of New Jersey, on the brief, for and of Counsel with The Senate of New Jersey, amicis curiæ.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

Two issues are presented by this appeal from the Order of the District Court dismissing petition for a writ of habeas corpus, filed by a resident of New Jersey who is a civilian employee at the Philadelphia Naval Shipyard, following his seizure by the Sheriff of Philadelphia, pursuant to a writ of capias ad respondendum issued by the Municipal Court of Philadelphia, Pennsylvania to recover fines and penalties for failure to file a return and to pay the...

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