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U. S. EX REL. WHEELER v. FLOOD

Nos. 67 Civ. 487, 67 Civ. 488.

269 F.Supp. 194 (1967)

U. S. ex rel. Susan WHEELER, Petitioner, v. Walter J. FLOOD, Warden, Nassau County Jail and Joseph Hoey, U. S. Attorney, Respondents. U. S. ex rel. Robert WYLER, Petitioner, v. Walter FITZPATRICK, Warden, Federal House of Detention and Joseph Hoey, U. S. Attorney, Respondents.

United States District Court E. D. New York.

June 1, 1967.

Attorney(s) appearing for the Case

Michelman & Michelman, New York City, for petitioners; Harvey J. Michelman, New York City, of counsel.

Joseph P. Hoey, U. S. Atty. for Eastern District of New York, for respondents; Raymond Bernhard Grunewald, Asst. U. S. Atty., of counsel.

WEINSTEIN, District Judge.

Petitioners—as yet unindicted though in federal custody—seek a writ of habeas corpus in order to compel a United States Commissioner to hold a preliminary examination pursuant to subdivision (c) of Rule 5 of the Rules of Criminal Procedure. For the reasons set out below, if such a hearing is not granted forthwith, petitioners are entitled to be released.

Petitioner Susan...

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