United States ex rel. Cunningham v. Fetters

DICKINSON, District Judge.

There is danger that the final disposition of this cause may be delayed and its merits lost in a maze of procedural questions. A recapitulation may make clear the present record situation. The main question to be determined in this cause had been fully discussed in the closely akin case of U. S. v. Barry (D. C.) 25 F.(2d) 733.

The view taken of the first case had made the disposition of the second by this court almost perfunctory. To expedite a ruling, it was arranged that a warrant be applied for and issued and hearing given the defendant by a judge of this court,…