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MALORY v. McGETTRICK

No. 15365.

318 F.2d 816 (1963)

May MALORY, Petitioner-Appellant, v. John J. McGETTRICK, Sheriff of Cuyahoga County, Ohio, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

June 13, 1963.

Attorney(s) appearing for the Case

Walter S. Haffner, Good & Haffner, Cleveland, Ohio, for petitioner-appellant.

Harvey R. Monck, Asst. Pros. Atty., Cleveland, Ohio (John T. Corrigan, Pros. Atty. of Cuyahoga County, Cleveland, Ohio, on the brief), for respondent-appellee.

Ralph Rudd, Cleveland, Ohio (Nelson G. Karl, Joshua J. Kancelbaum, Cleveland, Ohio, of counsel), for Ohio Civil Liberties Union, amicus curiae.

Louis Stokes, Cleveland, Ohio, Josephine Evans Trevathan, for Cleveland Branch, N.A.A.C.P., joined by Legal Redress Committee, Ohio Conference of Branches of N.A.A.C.P., amici curiae.

Before WEICK and O'SULLIVAN, Circuit Judges, and PECK, District Judge.

ORDER.

This appeal is from an order of the District Court denying a writ of habeas corpus to a state prisoner, and was submitted on the briefs and oral arguments of appellant, amicus curiae, and the prosecuting attorney of Cuyahoga County, Ohio.

From the petition filed in the District Court, it appears that pursuant to request of the Governor of the State of North Carolina, the Governor of the State of Ohio issued his writ of extradition, and the record further...

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