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UNITED STATES v. FLOOD

No. 376, Docket 31116.

374 F.2d 554 (1967)

UNITED STATES ex rel. Anthony VITIELLO, Petitioner, v. Walter J. FLOOD, Warden of the Nassau County Jail, Respondent.

United States Court of Appeals Second Circuit.

Decided March 15, 1967.

Attorney(s) appearing for the Case

James Flynn, Huntington, N. Y. (McSherry & Flynn, Huntington, N. Y., on the brief), for petitioner-appellant.

Donald Paul DeRiggi, Asst. Dist. Atty., Nassau County, New York (William Cahn, Dist. Atty., Nassau County, New York, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

On July 30, 1965 the State of Florida filed an information in the criminal court for Dade County charging the petitioner Anthony Vitiello with one count of assault with intent to murder and two counts of robbery. It alleged that the petitioner had committed these offenses in that county on December 6, 1964. On May 24, 1966 the Governor of Florida issued a fugitive warrant seeking from the Governor of the State of New York the rendition of...

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