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MATTER OF EXTRADITION OF RABELBAUER

86 Cr. Misc. 1-PS-12 (JMW). 86 Civ. 2600 (JMW).

638 F.Supp. 1085 (1986)

In the Matter of the EXTRADITION OF Adalbert RABELBAUER, a/k/a "Bela Rabelbauer," "Christopher LaFortune," "John Barkero," a Fugitive from the Republic of Austria.

United States District Court, S.D. New York.

July 3, 1986.

Attorney(s) appearing for the Case

Power, Weiss & Marks, New York City, for Adalbert Rabelbauer; Jonathan Marks, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for U.S.; Deirdre M. Daly, Asst. U.S. Atty., of counsel.

OPINION

WALKER, District Judge.

INTRODUCTION

Acting pursuant to a request from the Republic of Austria, the United States government has sought the extradition of Adalbert Rabelbauer. Shortly after his provisional arrest, Rabelbauer filed a petition for a writ of habeas corpus by way of an order to show cause, attacking the legal basis for his extradition. With the consent of the parties, both the writ of habeas corpus and the extradition request...

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