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O'MALLEY v. HIATT

No. 208.

74 F.Supp. 44 (1947)

O'MALLEY v. HIATT, Warden.

District Court, M. D. Pennsylvania.

October 24, 1947.

Attorney(s) appearing for the Case

Hugh J. McMenamin, of Scranton, Pa., for petitioner.

Arthur A. Maguire, U. S. Atty., of Scranton, Pa., Charles W. Kalp, Asst. U. S. Atty., of Lewisburg, Pa., and Major Thayer Chapman, Office of Judge Advocate General, of Washington, D. C., for respondent.

MURPHY, District Judge.

We have for disposition a rule to show cause why a writ of habeas corpus should not issue to release from the United States Penitentiary at Lewisburg, Pennsylvania, a military prisoner who is serving a sentence of fifteen (15) years. Petitioner was adjudged guilty and sentenced by an Army court-martial April 18, 1945; sentence was approved April 29, 1945, and the Lewisburg Penitentiary designated as the place of confinement.

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