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LEONHARD v. MITCHELL

No. 263, Docket 72-1828.

473 F.2d 709 (1973)

Thomas S. LEONHARD, Appellant, v. John MITCHELL, Attorney General of the United States, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided February 7, 1973.

Attorney(s) appearing for the Case

Salvatore R. Martoche, Buffalo, N.Y. (Martoche & Collesano, Buffalo, N. Y., on the brief), for appellant.

David E. Flieri, Asst. U. S. Atty. (John T. Elfvin, U. S. Atty. for Western District of New York, on the brief), for appellees.

Before FRIENDLY, Chief Judge, KAUFMAN, Circuit Judge, and HOLDEN, District Judge.

IRVING R. KAUFMAN, Circuit Judge.

This appeal from an order granting summary judgment against the plaintiff, Thomas Leonhard, in an action seeking a writ of mandamus, is set in a factual context so extraordinary as to require somewhat extended discussion.

In essence, Leonhard has asked a federal court to compel officials in the United States Department of Justice to tell him where he may find his children —Michael, age eleven; Karen, age ten; and Stephan...

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