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APPLICATION OF BUCHALTER

54 F.Supp. 444 (1944)

Application of BUCHALTER.

District Court, S. D. New York.

Affirmed March 2, 1944.

Attorney(s) appearing for the Case

James B. M. McNally, U. S. Atty., of New York City, Nathaniel L. Goldstein, Atty. Gen., of New York, and Thomas Craddock Hughes, Dist. Atty., of Brooklyn (Richard J. Burke and Peter J. Donoghue, Asst. U. S. Attys., and William F. McNulty, all of New York City, of counsel), for the Government.

J. Bertram Wegman and I. Maurice Wormser, both of New York City, for petitioner.

Affirmed March 2, 1944. See 141 F.2d 259.

GALSTON, District Judge.

The power of the Court is defined in Title 28, United States Code, Annotated, Section 455, which provides that the Court or Justice or Judge to whom such application is made shall forthwith award a writ of habeas corpus unless it appears from the petition itself that the party is not entitled thereto.

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