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EAGLES v. HOROWITZ

No. 58.

329 U.S. 317 (1946)

67 S.Ct. 320

91 L.Ed. 318

EAGLES, POST COMMANDING OFFICER, v. UNITED STATES EX REL. HOROWITZ.

Supreme Court of United States.

Decided December 23, 1946.

Attorney(s) appearing for the Case

Irving S. Shapiro argued the cause for petitioner. With him on the brief were Solicitor General McGrath and Robert S. Erdahl.

Meyer Kreeger argued the cause and filed a brief for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a companion case to Eagles v. Samuels, No. 59, decided this day, ante p. 304. Certiorari also brings it here from the Third Circuit Court of Appeals. That court followed the same procedure here as it did in Samuels' case; it reversed the District Court which had dismissed the writ of habeas corpus brought on behalf of Horowitz, and remanded the cause to the District...

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