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McCARTHY v. ARNDSTEIN

No. 404.

262 U.S. 355 (1923)

43 S.Ct. 562

67 L.Ed. 1023

McCARTHY, UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF NEW YORK, v. ARNDSTEIN.

Supreme Court of United States.

Decided May 21, 1923.

Attorney(s) appearing for the Case

Mr. Saul S. Myers and Mr. Walter H. Pollak, Special Assistants to the Attorney General, with whom Mr. Solicitor General Beck and Mr. Lindley M. Garrison were on the briefs, for appellant.

Mr. W.J. Fallon for appellee.

MR. JUSTICE SANFORD delivered the opinion of the Court.

This is an appeal from an order of the District Court sustaining a writ of habeas corpus and discharging the appellee from custody. It involves the same proceeding which was before this Court at an earlier stage in Arndstein v. McCarthy, 254 U.S. 71 and 379.

Arndstein, having been adjudicated an involuntary...

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