Opinion
No. 9730.
Argued January 18, 1949.
Decided January 27, 1949.
Appeal from the United States District Court for Western District of Pennsylvania; Robert M. Gibson, Judge.
Zeno Fritz, of Pittsburgh, Pa. (Frank J. Zappala, of Pittsburgh, Pa., on the brief), for appellant.
Maurice A. Roberts, of Philadelphia, Pa. (Owen M. Burns, U.S. Atty., and Elliott W. Finkel, Sp. Asst. U.S. Atty., both of Pittsburgh, Pa., on the brief), for appellee.
Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.
This is an appeal from the order of the District Court for the Western District of Pennsylvania following that Court's denial of the petition for writ of habeas corpus. Since the opinion of the Court below, 77 F. Supp. 751, there has been decided in the United States District Court for the Northern District of Indiana the case of Kavadias v. Cross, 1948, 82 F. Supp. 716, in which Judge Swygert wrote an opinion which fully covers the question presented by the immediate appeal. We think Judge Swygert was right and that the District Judge in this case was right.
The judgment will, therefore, be affirmed.