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· 6/15/1939

Moundridge Milling Co. v. Cream of Wheat Corp.

Citations

  • 105 F.2d 366
  • 23 A.F.T.R. (P-H) 174
  • 1939 U.S. App. LEXIS 4749

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that release on bail constitutes relinquishment of primary jurisdiction
  • stating that the prisoner was still in state custody when he was delivered 26 to the federal court, pursuant to a writ of habeas corpus ad prosequendum, for his federal 27 hearing and sentencing
  • “[T]he federal government relinquished its custody and primary jurisdiction when it released Taylor on his own recognizance.”
  • \Any statement by the court 7 prescribing when a sentence will begin to run is mere surplusage.\
  • “Because the state retained primary jurisdiction, the district court did not have the authority to place Taylor into federal custody for the purpose of commencing his federal sentence.”
  • “[B]ecause [petitioner] appeared pursuant to a valid writ of habeas corpus ad prosequendum, he was still in state custody when he was delivered to the federal court for the . . . hearing and for the . . . sentencing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Phillips

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.