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UNITED STATES v. MULLIGAN

8 F.Supp. 262 (1934)

UNITED STATES ex rel. DONNELLY v. MULLIGAN, United States Marshal.

District Court, S. D. New York.

On Reargument September 4, 1934.

Attorney(s) appearing for the Case

Robert J. Fitzsimmons, of New York City (Louis Karasik, of New York City, of counsel), for relator.

Edward H. Lockwood, of New York City, for the United States.

HULBERT, District Judge.

The relator sued out a writ of habeas corpus to contest the validity of his commitment on the ground that the provisions of the Extradition Treaty between the republic of France and the United States of America have been violated.

The provision in question (article VII of the French Treaty of 1909 [37 Stat. 1526, 1531]) reads: "No person surrendered by either of the High Contracting Parties to the other shall be triable or tried or...

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