The following excerpt is from Leary v. United States, 268 F.2d 623 (9th Cir. 1959):
1 Undoubtedly, here the judge acted with good intention in the belief that lack of jurisdiction would be cured by the supposed acquiescence of defendant.
2 Frad v. Kelly, 302 U.S. 312, 58 S.Ct. 188, 82 L.Ed. 282. See majority opinion.
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