No. 14111.

315 F.2d 687 (1963)

UNITED STATES of America ex rel. Henry BREWER, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution at Pittsburgh, Pa.

United States Court of Appeals Third Circuit.

Decided April 8, 1963.

Attorney(s) appearing for the Case

William M. Goldstein, Philadelphia, Pa., for appellant.

Frank P. Lawley, Jr., Deputy Atty. Gen., Harrisburg, Pa. (David Stahl, Atty. Gen., Harrisburg, Pa., on the brief), for appellee.

Before KALODNER, STALEY and SMITH, Circuit Judges.

STALEY, Circuit Judge.

The primary question presented by this appeal is whether a Federal parolee can, during the period of his parole, be taken into custody by state officials and incarcerated for violating a state parole order which antedates his Federal conviction. Appellant's contention that such action violates the principle of comity was rejected by the district court, and his petition for a writ of habeas corpus was refused.

The following pertinent...

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