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HARVEY v. ZUPPANN

No. 234.

85 F.Supp. 574 (1949)

HARVEY v. ZUPPANN.

United States District Court M. D. Pennsylvania.

August 15, 1949.

Attorney(s) appearing for the Case

James L. Brown, Thomas F. Farrell, Jr., Wilkes-Barre, Pa., for petitioner.

Arthur A. Maguire, United States Attorney, Scranton, Pa., Charles W. Kalp, Assistant United States Attorney, Thomas Wood, Jr., Assistant United States Attorney, Lewisburg, Pa., Col. Oliver R. Wells, Lt. Col. Reginald C. Miller, Lt. Col. Nicholas R. Voorhis, Office of the Judge Advocate General, Washington, D. C., for respondent.

FOLLMER, District Judge.

The application for Writ of Habeas Corpus by William D. Harvey alleges that as a First Lieutenant in the United States Army he was tried on December 30, 1947, before a General Court-Martial on the charge of violating the 58th Article of War, 10 U.S. C.A. § 1530. That at such trial one Captain Raymond G. Doucett, Jr., was assigned to him as Assistant Defense Counsel. That the conviction on such trial was disapproved by the reviewing authority...

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