Sanders v. Swope

Full title: Hilliard SANDERS, Appellant, v. Edwin B. SWOPE, Warden, United States…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 3, 1949

176 F.2d 311 (9th Cir. 1949)

Opinion

No. 12171.

August 29, 1949. Rehearing Denied October 3, 1949.

Appeal from the United States District Court for the Northern District of California, Southern Division; Michael J. Roche, Judge.

James J. Durney and George F. Clinton, San Francisco, Cal., for appellant.

Frank J. Hennessy, U.S. Atty, Joseph Karesh, Asst. U.S. Atty, San Francisco, Cal., for appellee.

Before GARDNER^_ and HEALY, Circuit Judges and YANKWICH, District Judge.

_ Chief Judge, United States Court of Appeals for the Eighth Circuit, designated to sit in this court.

PER CURIAM.

The judgment is affirmed on the authority of Sanders v. Johnston, 9 Cir., 159 F.2d 74 and Numer v. Miller, 9 Cir., 165 F.2d 986.