Frank J. Tomasino v. People of the State of California

(dissenting) :

I dissent and would remand to the District Court on the authority of People v. Pobuta, 437 F.2d 1200 (9th Cir. 1971), for a hearing on appellant’s contentions respecting the propriety of removal. I disagree with the majority in its assertion that the administration of justice would not be served by such action.

I do not approve of our sanctioning ex parte action of this sort and do not approve of making this exception to the Pobuta rule, narrow though it may be. *178Ex pa/rte action here has forced the aggrieved party to take an appeal in order that his contentions may have judicial…