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McELVY v. CIVILETTI

No. 81-8007-Civ-NCR.

523 F.Supp. 42 (1981)

In re The Extradition of David Robert McELVY and Howard John McElvy, Petitioners, v. Honorable Benjamin CIVILETTI, United States Attorney General, by and through the Office of the United States Marshal in and for the United States District Court, Southern District of Florida, Respondent.

United States District Court, S. D. Florida.

March 10, 1981.

Attorney(s) appearing for the Case

M. Lee Thompson, West Palm Beach, Fla., for petitioner.

Asst. U. S. Atty. Steven Hartz, Miami, Fla., for respondent.

ROETTGER, District Judge.

Petitioners in this matter seek a writ of habeas corpus after a certificate of extra-ditability was entered by a United States Magistrate for the Southern District of Florida on October 9, 1980. The Magistrate concluded that extradition was required under Article VIII(1) of the Extradition Treaty between the United States of America and the United Kingdom.

This court's jurisdiction is founded upon 28 U.S.C. § 2241(a). Petitioners...

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