March 26, 1934
JOHN J. MCCLURE ET AL.
UNITED STATES; UNITED STATES EX REL. JOSEPH MAGGIO ET AL. V. FREDERICK C. SCHNEIDER, MARSHAL
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; George A. Welsh, Judge. Appeal from the District Court of the United States for the District of New Jersey; John Boyd Avis, Judge.
Before BUFFINGTON, WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.
Decisions recently rendered by the Supreme Court in United States v. Chambers & Gibson, 291 U.S. 217, 54 S. Ct. 434, 78 L. Ed. --, 89 A.L.R. 1510, and Massey v. United States, 54 S. Ct. 532, 78 L. Ed. --, directly rule these motions to reverse and discharge.
Accordingly it is, on this 26th day of March A.D. 1934, ordered that the judgments as entered in the causes of the petitioning or moving defendants be reversed, and the causes, as to them, be remanded to the District Courts, with direction to vacate those parts of their judgments which sentence the named defendants, to dismiss the indictments as to them, and to discharge them, respectively.
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