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WACKER v. BISSON

No. 21629.

348 F.2d 602 (1965)

J. Samuel WACKER, Appellant, v. J. G. BISSON, Consul General, Dominion of Canada, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 22, 1965.

Attorney(s) appearing for the Case

Dean A. Andrews, Jr., New Orleans, La., for appellant.

M. Hepburn Many, New Orleans, La., for appellee.

Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.

WISDOM, Circuit Judge.

The appellant, J. Samuel Wacker, awaiting extradition to Canada, brings this off-beat declaratory judgment action attacking the validity of an unappealable extradition order. Since Wacker is in custody, he might just as well have cast the action in the form of an application for habeas corpus. Wacker, however, has twice tried that approach without success. In the complaint and on appeal, the plaintiff advances on all fronts, attacking the constitutionality...

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