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FLACKMAN v. HUNTER

No. 1074 H.C.

75 F.Supp. 871 (1948)

FLACKMAN v. HUNTER, Warden.

District Court, D. Kansas, First Division.

January 12, 1948.

Attorney(s) appearing for the Case

Howard F. McCue of Topeka, Kan. (McCue & McCue of Topeka, Kan., on the brief), for petitioner.

Randolph Carpenter, U. S. Atty., and James W. Wallace, Asst. U. S. Atty., both of Topeka, Kans. (Nicholas R. Voorhis, Lt. Col. U. S. Army, J.A.G.D., and Thayer Chapman, Major, U. S. Army, J. A. G. D., both of Washington, D. C., on the brief), for the respondent.

MELLOTT, District Judge.

Petitioner alleges that he is illegally held in custody and deprived of his liberty by the Warden of the United States Penitentiary at Leavenworth, Kansas. Respondent admits the custody, asserting that petitioner is legally confined and imprisoned and attaching photostatic copies of: (1) General Courts-Martial Orders No. 80, Headquarters, 84th Infantry Division, which, pursuant to Article of War 50½, 10 U.S.C.A. § 1522, disapproves...

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