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UNITED STATES v. SMITH

No. 6621.

47 F.Supp. 607 (1942)

UNITED STATES ex rel. DIAMOND v. SMITH, Commanding Officer of UNITED STATES ARMY, FORT DEVENS, AYER, MASS. et al.

District Court, D. Massachusetts.

November 12, 1942.

Attorney(s) appearing for the Case

Albert & Albert, of Boston, Mass. (Alfred A. Albert, of Boston, Mass.) for petitioner.

Edmund J. Brandon, U. S. Atty., and William J. Koen, Asst. U. S. Atty., both of Boston, Mass., for respondents.

FORD, District Judge.

This is an application for a writ of habeas corpus filed October 26, 1942, on behalf of William Louis Diamond. The petition alleges that Diamond is wrongfully detained and imprisoned by the Commanding Officer of the United States Army, at Fort Devens, Ayer, Massachusetts. A summons to show cause was returnable on November 2, 1942. A return was filed (see Walker v. Johnston, 312 U.S. 275, 284, 61 S.Ct. 574, 85 L...

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