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KIRKLAND v. PRESTON

No. 20334.

385 F.2d 670 (1967)

Oliver Lee KIRKLAND and Elizabeth Smith, Appellants, v. Paul H. PRESTON and Luke Moore, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided by Judgment Entered January 19, 1967.

Opinion Rendered September 14, 1967.

Attorney(s) appearing for the Case

Mr. William J. Garber, Washington, D. C., for appellants.

Mr. Roger A. Pauley, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Thomas Lumbard, Asst. U. S. Atty., were on the brief, for appellees. Mr. James A. Strazzella, Asst. U. S. Atty., also entered an appearance for appellees.

Before EDGERTON, Senior Circuit Judge, and FAHY and WRIGHT, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

On June 1, 1966, the Chief Judge of the District Court, acting in the role of chief executive for the District of Columbia pursuant to 23 D.C.Code § 401 (a) (1961),1 issued warrants for the arrest of Oliver Lee Kirkland and Elizabeth Maria Smith with a view toward their extradition to the State of Florida. Before him at that time were various papers submitted by the Governor of Florida. These consisted...

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